March 11, 2010

(Washington, DC) - The American Center for Law and Justice (ACLJ) – which focuses on constitutional law – said today it is extremely pleased that a federal appeals court upheld the constitutionality of the National Motto, “In God, We Trust”  and the words ‘under God’ in the Pledge of Allegiance.  The ACLJ represented nearly 50 members of Congress in filing an amicus brief with the appeals court defending the National Motto’s use on currency.  

“This represents another important victory and sends a powerful message that the National Motto and Pledge of Allegiance are not only well established and patriotic expressions, but ones that most courts have recognized as being constitutional as well,” said Jay Sekulow, Chief Counsel of the ACLJ, which is defending the Pledge and other patriotic expressions facing legal challenges.  “We’re extremely pleased that the appeals court rejected yet another attempt to re-write history.  It’s clear that both the National Motto and Pledge embrace patriotism, not religion.  And, that’s exactly what the appeals court correctly determined.”

A decision by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit upheld the inscription of the national motto “In God, We Trust” on coins and currency, saying that the phrase is ceremonial and patriotic, not religious.

Sekulow added:  “It always has been our position that while the First Amendment affords atheists complete freedom to disbelieve, it does not compel the federal judiciary to redact religious references in every area of public life in order to suit atheistic sensibilities.  We’re delighted to see the appeals court reach that conclusion with both the National Motto and the Pledge.”

In the National Motto decision, the court ruled that Michael Newdow, who brought the challenge, “did not and cannot cite a single Supreme Court case that called into question the motto’s constitutionality. . .”  The appeals court also noted that its decision is consistent with other decisions upholding the constitutionality of the National Motto.  You can read the decision here.

The ACLJ filed an amicus brief in that case representing nearly 50 members of Congress.  You can read the ACLJ release and amicus brief here.

In a separate decision, the appeals court today determined that there is no constitutional violation with the voluntary recitation of the Pledge in a California school district where it was challenged.  The appeals court concluded that “the Pledge is one of allegiance to our Republic, not of allegiance to God or to any religion. Furthermore, Congress’ ostensible and predominant purpose when it enacted and amended the Pledge over time was patriotic, not religious.”

The court also determined that the Pledge plays an important role in underscoring some of the ideals that are part of our history:   “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; indivisible—although we have individual states, they are united in one Republic; with liberty—the government cannot take away the people’s inalienable rights; and justice for all—everyone in America is entitled to ‘equal justice under the law’ (as is inscribed above the main entrance to our Supreme Court).”  You can read the decision here.

The ACLJ is active in defending the Pledge and National Motto. In a recent challenge in New Hampshire, the ACLJ successfully represented 51 members of Congress and some 80,000 Americans in filing an amicus brief filed with a federal court that dismissed a lawsuit challenging the Pledge.  You can read more about that decision here. 

Additionally, the ACLJ is currently involved in a national case in which displays of the National Motto and Pledge are being challenged in the Capitol Visitors Center in Washington, D.C.  In that case, the ACLJ represents 50 members of Congress in its amicus brief and is urging a federal court to uphold the constitutionality of those displays. Additional details of that case are here.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice is dedicated to the defense of constitutional liberties secured by law and is based in Washington, D.C.