Attorneys general urge court to reconsider Pledge ruling

By The Associated Press

07.31.02

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Attorneys general from 48 states and two territories are calling on the 9th U.S. Circuit Court of Appeals to reconsider its decision that declared the Pledge of Allegiance unconstitutional.

In a letter to the Court of Appeals, the attorneys general said the decision is legally flawed and the matter should be reheard by the full court. The letter also said the U.S. Supreme Court commented favorably on the Pledge of Allegiance in a 1989 case.

"The reference to God in the Pledge of Allegiance is no different than the references in the Declaration of Independence, God Bless America or the money in your pocket," said South Dakota Attorney General Mark Barnett.

On June 26, a three-judge panel of the San Francisco-based 9th Circuit ruled 2-1 that the phrase "under God" violates the Constitution's separation of church and state.

The ruling stemmed from a lawsuit brought by a California atheist, Michael Newdow, who did not want his second-grade daughter to be forced to listen to the words "one nation under God."

In the decision, the court said the phrase amounts to a government endorsement of religion. The words "under God" were inserted by Congress in 1954 to distinguish American democracy from "godless communism."

Two days after issuing the ruling, the court blocked the decision from being enforced in public schools to allow for appeals.

Last week, California officials asked the 9th Circuit to reverse the ruling. In its July 25 petition, California said the pledge is not a prayer but a "vocal expression of patriotism and duty."

The state also asked the court to consider whether the decision should be vacated because the girl's parents have differing views on the pledge. The girl's mother said neither she nor her child objects to the pledge.

The mother, Sandra Banning, and Newdow have never been married, and Banning has full custody of the child. Banning said she wants the court to reverse the decision.

Update

9th Circuit won't reconsider 'under God' Pledge of Allegiance ruling
Not yet clear when the ban on reciting pledge might take effect for millions of public school students in nine states.  02.28.03

Previous

Pledge of Allegiance ruling put on hold
Author of controversial opinion stays decision, preventing it from taking effect until 9th Circuit decides how to respond to calls for rehearing.  06.28.02

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