9th Circuit won't reconsider 'under God' Pledge of Allegiance ruling

By The Associated Press

02.28.03

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SAN FRANCISCO — Rebuffing the Bush administration, a federal appeals court yesterday refused to reconsider its ruling that reciting the Pledge of Allegiance in public schools is unconstitutional because in includes the words "under God."

The case could go next to the U.S. Supreme Court.

Millions of children each morning recite at school the short passage: "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

In June, a three-judge court of appeals ruled 2-1 in Newdow v. Congress that the words "under God" amounted to a government endorsement of religion and violated the separation of church and state stipulated in the Constitution. The ruling sparked a public outcry and was attacked by President George W. Bush, Congress and many others. The Bush administration asked the full 9th Circuit to reconsider.

In November, Bush signed a law reinforcing support for the words "under God" in the pledge, and for "In God we trust" as the national motto.

Yesterday, only seven of the 24 active judges on the 9th Circuit wanted the full court to reconsider. The June ruling, which applies to the nine Western states the court covers, had been put on hold until the full court reviewed it. The three judges who took part in the original ruling did not change their positions during the appeal.

Attorney General John Ashcroft condemned the decision and said the Justice Department would "spare no effort to preserve the rights of all our citizens to pledge allegiance to the American flag." But he stopped short of saying the administration would appeal to the high court.

It was not immediately clear when the ban might take effect for the millions of public school students in those states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. Appellate rulings take several weeks to take effect, to give each side an opportunity to appeal.

The challenge was brought by Sacramento atheist Michael Newdow, who objected to his 8-year-old daughter's listening to the words "under God" in school. The words were added by Congress in 1954 during the Cold War to distinguish democracy from "godless Communism."

Previous

Attorneys general urge court to reconsider Pledge ruling
9th Circuit's decision is legally flawed, matter should be reheard by full court, say officials from 48 states, two territories in letter.  07.31.02

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