WASHINGTON – A unanimous Supreme Court ruled Monday that the phrase “under God” may remain in the Pledge of Allegiance as recited in public school classrooms. But the Flag Day decision fell far short of the clear endorsement of the pledge’s constitutionality that President Bush and leaders of both parties in Congress had sought.
The ruling overturned a lower court decision that the religious reference made the pledge unconstitutional in public schools. But the decision did so on technical grounds, ruling the man who brought the case on behalf of his 10-year-old daughter could not legally represent her.
The outcome does not prevent a future court challenge over the same issue, however, and both defenders and opponents of the current wording predicted that fight will come quickly.
Atheist Michael Newdow had claimed that his right to influence his daughter’s religious views was infringed by daily teacher-led recitations of the pledge in her Sacramento, Calif.-area public school. But five justices noted that the child is caught in the middle of a custody dispute between Newdow and her mother, Sandra Banning, who wants her to recite the pledge.
“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 majority.
Justices Anthony Kennedy, David Souter, Ruth Bader Ginsburg and Stephen Breyer joined Stevens.
The phrase “one nation under God” is more about ceremony and history than about religion, Rehnquist wrote. He likened the phrase to the motto “In God We Trust” on U.S. currency and to the call that opens each session of the high court itself: “God save this honorable court.”
“All these events strongly suggest that our national culture allows public recognition of our nation’s religious history and character,” Rehnquist wrote.
Three other justices went along with the outcome but seemed to accuse the majority of using Newdow’s legal standing to avoid the harder constitutional issue. Chief Justice William Rehnquist and justices Sandra Day O’Connor and Clarence Thomas made clear that they would have upheld the religious reference.
The court’s ninth justice, Antonin Scalia, removed himself from the case after making off-the-bench remarks that seemed to telegraph his view the pledge is constitutional.
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