Supreme Court throws out Pledge of Allegiance case

Published: 2004-06-14

WASHINGTON (CNS) -- As a result of a June 14 Supreme Court decision, children in U.S. public schools can say "under God" during the Pledge of Allegiance -- at least for now. The nation's highest court threw out a California atheist's challenge to the "under God" phrase June 14, saying the man had insufficient legal standing to sue. In an 8-0 decision the court reversed a 2002 ruling by the 9th U.S. Circuit Court of Appeals, which had declared that it was unconstitutional to recite the pledge in public schools if the reference to God remained in it. The court split, 5-3, however, on reasons for reversing the lower court. Five justices, in a ruling written by Justice John Paul Stevens, said the plaintiff, Dr. Michael Newdow, lacked legal standing to challenge the pledge in court on behalf of his daughter, over whom he did not have legal custody at the time. Since he lacked standing, there was no need to address the case on its constitutional merits. The other three -- Chief Justice William Rehnquist and Justices Sandra Day O'Connor and Clarence Thomas -- said they believed Newdow had standing and the case should have been tried on its merits. But all three agreed that the pledge is constitutional as it stands, so they concurred with the majority in reversing the 9th Circuit decision. Justice Antonin Scalia recused himself from the case when it came before the high court last October.

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