Supreme Court preserves ‘God’ in pledge

The Supreme Court preserved the phrase “one nation, under God,” in the Pledge of Allegiance, ruling today that a California atheist could not challenge the patriotic oath but sidestepping the broader question of separation of church and state.

At least for now, the decision - which came on Flag Day - leaves untouched the practice in which millions of schoolchildren around the country begin the day by reciting the pledge.

The court said atheist Michael Newdow could not sue to ban the pledge from his daughter’s school and others because he did not have legal authority to speak for her.

Mr. Newdow is in a protracted custody fight with the girl’s mother. He does not have sufficient custody of the child to qualify as her legal representative, the court said. Eight justices voted to reverse a lower court ruling in Newdow’s favor.

Justice Antonin Scalia removed himself from participation in the case, presumably because of remarks he had made that seemed to telegraph his view that the pledge is constitutional.

“When hard questions of domestic relations are sure to affect the outcome, the prudent course is for the federal court to stay its hand rather than reach out to resolve a weighty question of federal constitutional law,” Justice John Paul Stevens wrote for the court.

“I may be the best father in the world,” Mr. Newdow said shortly after the ruling was announced. “She spends 10 days a month with me. The suggestion that I don’t have sufficient custody is just incredible. This is such a blow for parental rights.”

The 10-year-old’s mother, Sandra Banning, had told the court she has no objection to the pledge. The full extent of the problems with the case was not apparent until she filed papers at the high court, Justice Stevens wrote.

Chief Justice William H. Rehnquist agreed with the outcome of the case, but still wrote separately to say that the pledge as recited by schoolchildren does not violate the Constitution. Justices Sandra Day O’Connor and Clarence Thomas agreed with him.

The ruling came on the day that Congress set aside to honor the national flag. The ruling also came exactly 50 years after Congress added the disputed words “under God” to what had been a secular patriotic oath.

The high court’s lengthy opinion overturns a ruling two years ago that the teacher-led pledge was unconstitutional in public schools. That appeals court decision set off a national uproar and would have stripped the reference to God from the version of the pledge said by about 9.6 million schoolchildren in California and other western states.

Mr. Newdow’s daughter, like most elementary school children, hears the Pledge of Allegiance recited daily.

The First Amendment guarantees that government will not “establish” religion, wording that has come to mean a general ban on overt government sponsorship of religion in public schools and elsewhere.

The Supreme Court has already said that schoolchildren cannot be required to recite the oath that begins, “I pledge allegiance to the flag of the United States of America.”

The court has also repeatedly barred school-sponsored prayer from classrooms, playing fields and school ceremonies.

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