The Pledge of Allegiance has been recited by Americans at school, in board rooms, and at public events since it was first introduced in 1892. The words of the pledge have changed from time to time, finally including “under God” when it was last amended in 1954. However, it is that most recent inclusion which has upset some, so much so a challenge to a federal court was mounted by opponents.

Freedom From Religion

In 2007, Michael Newdow – representing a group calling itself the Freedom From Religion Foundation – sued a pair of New Hampshire public school districts and Congress on behalf of parents and students who objected to the voluntary recitation of the pledge. Mind you, students cannot be forced to utter the pledge though they are expected to stand respectfully when their fellow students recite it.

The American Center for Law and Justice (ACLJ) – which is a conservative public interest group based in our nation’s capitol with a focus on constitutional issues — filed a friend of the court motion (amicus brief) on behalf of fifty-one members of Congress and more than 80,000 Americans to have the challenge dismissed.

Pledge Challenge Dismissed

On September 30th, Chief Judge Steven McAuliffe issued an order rejecting the Plaintiffs’ arguments, dismissing the objection. The court applied various different Establishment Clause tests noting that the school districts had not violated the Establishment Clause of the First Amendment of the Constitution.

“We’re extremely pleased with the sound and well reasoned decision issued by the court – a decision that rejects another attempt to rewrite history by targeting the Pledge and the phrase ‘under God,’” said Jay Sekulow, chief counsel of the ACLJ (pictured), the nation’s top conservative public interest law firm. “The lawsuit was dismissed and the court concluded that the New Hampshire statute giving students an opportunity to voluntarily recite the Pledge in school is constitutional and consistent with the First Amendment.”

No Religious Coercion

The court noted that the pledge isn’t designed to coerce or encourage reciters to participate in religion or its exercise thereof, rather it does acknowledge that there is a higher power than the state while also fostering patriotism. “While the First Amendment affords atheists complete freedom to disbelieve,” the brief argued, “it does not compel the federal judiciary to redact religious references in every area of public life in order to suit atheistic sensibilities.”

Assisting the ACLJ with this case was John Anthony Simmons, a Hampton, New Hampshire attorney.

The Pledge

For posterity’s sake, here are the words of the pledge as amended in 1954:

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.”

Source: American Center for Law and Justice (ACLJ)

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