“The Pledge of Allegiance serves to unite our vast nation through the proud recitation of some of the ideals upon which our Republic was founded and for which we continue to strive: one Nation under God—the Founding Fathers’ belief that the people of this nation are endowed by their Creator with certain inalienable rights,” wrote George W. Bush appointee Judge Carlos Bea for the 2-1 majority. The other two judges, Dorothy Nelson and Stephen Reinhardt, were appointed by Jimmy Carter. The words “under God” were added to the Pledge of Allegiance in 1954.

 

The decision was based on the argument that children are not required to recite the Pledge of Allegiance and have the option of leaving out the words “under God” if they so choose. In his dissent, Judge Reinhardt wrote that "carrying out such an indoctrination in a public school classroom unconstitutionally forces many young children either to profess a religious belief antithetical to their personal views or to declare themselves through their silence or nonparticipation to be protesting nonbelievers, thereby subjecting themselves to hostility and ridicule."

 

In the currency case, the court ruled unanimously that “In God We Trust” is a national motto, and that it does represent sponsorship or establishment of a specific religion.

-David Wallechinsky, Noel Brinkerhoff

 

Court Upholds Mention of God on Money, in Pledge (by Elizabeth Banicki, Courthouse News Service)

Newdow v. United States-Pledge of Allegiance (Ninth Circuit Court of Appeals) (pdf)

Newdow v. United States-In God We Trust (Ninth Circuit Court of Appeals) (pdf)