Elk Grove School District - Newdow - Unconstitutional Pledge
Federal Judge Declares Pledge Of Allegiance Unconstitutional POSTED: 2:07 pm EDT September 14, 2005 UPDATED: 3:49 pm EDT September 14, 2005 SAN FRANCISCO -- A federal judge in San Francisco ruled Wednesday it is unconstitutional for public school children to recite the Pledge of Allegiance. U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation "under God" violates school children's right to be "free from a coercive requirement to affirm God." Karlton said he's bound by precedent set by the 9th Circuit Court of Appeals, which ruled in 2002 that it was unconstitutional for the Pledge to be recited in public schools. The Supreme Court threw out that case, ruling that Sacramento atheist Michael Newdow had no standing to bring the legal action. Newdow objected to the words "under God" in the pledge. Newdow brought the second case to the federal court -- this time, representing unidentified parents and their children. Wednesday's decision sets up another constitutional showdown over the pledge. The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court.
posted by Chris Lombardo @ 9/14/2005 01:41:00 PM
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