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Friday, November 20, 2009
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Jay Sekulow's Trial Notebook
  Notebook Entry
 
New Lawsuit on Pledge of Allegiance

This morning we began working on a new piece of litigation that’s been filed by the Freedom From Religion Foundation against the Congress of the United States of America and a school district in New Hampshire.  The case involves another challenge to the Pledge of Allegiance, specifically because of its reference to the phrase “under God.”  Michael Newdow, who brought the previous suit to the Supreme Court regarding the Pledge of Allegiance, is serving as the legal counsel in this case.  In the lawsuit, the Plaintiffs assert that since the school district has their teachers lead the public school students in reciting the Pledge of Allegiance during school hours—including “the purely religious claim that we are one nation under God”—the Plaintiffs feel that this is a violation of the Constitution. 

In the complaint, the Plaintiffs allege that they “generally deny that God exists, and maintain that their constitutional and statutory rights are abridged when the school district Defendants participate in making the purely religious, Monotheistic claim that the United States is 'one nation under God.’”  The Plaintiffs do acknowledge and stipulate that none of them are actually compelled to say the words “under God” in the Pledge of Allegiance.  They feel that they are being coerced, though, to participate simply because the Pledge is being given with the phrase “under God” as mandated by Congress.  The lawsuit also alleges that the Student-Plaintiffs have been “forced to confront the government’s claim that this is one nation under God as their public school teachers have repeatedly led them and their classmates in reciting the now religious Pledge of Allegiance in their classroom and at school assemblies.”  

We are going to be filing an amicus brief on behalf of the ACLJ and our members around the country in response to this most recent attack on the Pledge of Allegiance.  You can join our Committee to Protect "Under God" in the Pledge by clicking here.  I have assembled a senior research team to put our brief together on behalf of your members and concerned citizens throughout the United States.  We will keep you posted.


Posted: 12/3/2007 12:05:00 PM
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