Supreme Court hears arguments in challenge to 'Under God' line in Pledge

Supreme Court hears arguments in challenge to 'Under God' line in Pledge
March 23, 2004

WASHINGTON, D.C.--The U.S. Supreme Court will hear oral arguments in a case involving the constitutionality of the phrase "under God" in the Pledge of Allegiance. Supporters of the current pledge met for a prayer vigil outside the court building, according to Agape Press.

The case involves the Elk Grove Unified School District in California, which is seeking to uhphold the recitation of the Pledge of Allegiance in its schools. A parent in the district, self-proclaimed atheist Michael Newdow, challenged the practice.

Rob Schenck of Faith and Action said Christians were set to hold a candlelight service in front of the court building. "Some people will remain all night on the steps of the Supreme Court, holding vigil and prayer," he said.

The 9th U.S. Circuit Court of Appeals in San Francisco ruled in June 2002 that the Pledge in public schools is tantamount to an endorsement of religion and therefore unconstitutional. If the Supreme Court upholds the lower court's ruling, their decision could overturn what has been common practice in many of America's public schools for half a century.

But Catholic League president William Donohue noted that there is a dramatic difference between acknowledging the nation's religious heritage and formally establishing a religion.

"The American people have every right to expect that the high court can make such a distinction," he said.

The court may dismiss the case before deciding, however, because the father, Newdow, did not have custody of his daughter at the time he brought suit. A non-custodial parent cannot sue without the custodial parent's consent.

Custodial parent, Sandra Banning, is a born-again Christian. She told justices she has no objection to the Pledge.

"Ultimately," Donohue said, "what is at stake is the right of Americans to celebrate their religious heritage on public property without fear of reprisal." He said a court censorship of the words "under God" from the Pledge would "send an unmistakably hostile message" to the estimated 94 percent of Americans who believe in God.