The Cellar - View Single Post - Atheist Plans New Lawsuit Over Phrase 'Under God'

ladysycamore · 06-27-2004, 10:17 AM

http://www.reuters.com/newsArticle.j...toryID=5521606

SAN FRANCISCO (Reuters) - Undeterred by the U.S. Supreme Court throwing out his legal challenge to the phrase "under God" in the Pledge of Allegiance, atheist Michael Newdow said on Saturday he would file another federal lawsuit to remove the words from the pledge.

No child has to recite the pledge. It is voluntary.

Newdow, of Sacramento, told Reuters in a telephone interview he hopes to represent two families in a renewed challenge to the constitutionality of the religious reference in the Pledge of Allegiance.

Newdow said he would act as their lawyer in a lawsuit against the Elk Grove Unified School District, the same Sacramento-area district he sued in a closely watched case that the U.S. Supreme Court rejected on June 14.

The court ruled that Newdow, a physician with a law degree, lacked standing to sue the school district on behalf of his 10-year-old daughter, because her mother, Sandra Banning, had exclusive legal custody of the girl in a state court order.

Newdow claimed his daughter suffered harm from having to recite the pledge. By contrast, Banning, a born-again Christian, supported her daughter saying the pledge.

The court's 8-0 decision overturned a ruling by a U.S. appeals court in California that reciting the phrase amounted to a violation of church-state separation. However, because the high court rejected the lawsuit on a technicality, it left open the possibility of future challenges.

Newdow said arguments in the new lawsuit will echo those in his recent effort.

"It would be the exact same case," Newdow said of the lawsuit, expected to be filed in federal district court in Sacramento in August. "All the work has been done. Just plug in a different name and do it all over again."

The U.S. Supreme Court's ruling came on the 50th anniversary of the addition of the words "under God" to the pledge, which the U.S. Congress adopted to distinguish America's religious values and heritage from those of communism, which is atheistic.

Millions of U.S. students every day "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." California requires the pledge to be recited every day at public elementary schools, although no child has to join in.

© Reuters 2004. All Rights Reserved.

06-27-2004, 10:17 AM	#1
ladysycamore "I may not always be perfect, but I'm always me." Join Date: Dec 2001 Location: In Sycamore's boxers Posts: 1,341	Atheist Plans New Lawsuit Over Phrase 'Under God' http://www.reuters.com/newsArticle.j...toryID=5521606 SAN FRANCISCO (Reuters) - Undeterred by the U.S. Supreme Court throwing out his legal challenge to the phrase "under God" in the Pledge of Allegiance, atheist Michael Newdow said on Saturday he would file another federal lawsuit to remove the words from the pledge. No child has to recite the pledge. It is voluntary. Newdow, of Sacramento, told Reuters in a telephone interview he hopes to represent two families in a renewed challenge to the constitutionality of the religious reference in the Pledge of Allegiance. Newdow said he would act as their lawyer in a lawsuit against the Elk Grove Unified School District, the same Sacramento-area district he sued in a closely watched case that the U.S. Supreme Court rejected on June 14. The court ruled that Newdow, a physician with a law degree, lacked standing to sue the school district on behalf of his 10-year-old daughter, because her mother, Sandra Banning, had exclusive legal custody of the girl in a state court order. Newdow claimed his daughter suffered harm from having to recite the pledge. By contrast, Banning, a born-again Christian, supported her daughter saying the pledge. The court's 8-0 decision overturned a ruling by a U.S. appeals court in California that reciting the phrase amounted to a violation of church-state separation. However, because the high court rejected the lawsuit on a technicality, it left open the possibility of future challenges. Newdow said arguments in the new lawsuit will echo those in his recent effort. "It would be the exact same case," Newdow said of the lawsuit, expected to be filed in federal district court in Sacramento in August. "All the work has been done. Just plug in a different name and do it all over again." The U.S. Supreme Court's ruling came on the 50th anniversary of the addition of the words "under God" to the pledge, which the U.S. Congress adopted to distinguish America's religious values and heritage from those of communism, which is atheistic. Millions of U.S. students every day "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." California requires the pledge to be recited every day at public elementary schools, although no child has to join in. © Reuters 2004. All Rights Reserved. __________________ "Freedom is not given. It is our right at birth. But there are some moments when it must be taken." ~Tagline from the movie "Amistad"~ "The Akan concept of Sankofa: In order to move forward we first have to take a step back. In other words, before we can be prepared for the future, we must comprehend the past." From "We Did It, They Hid It"