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Article: 'Under God' Is Unconstitutional.(US court rules on constitutionality of 'Pledge of Allegiance')
- Article from:
- Mondaq Business Briefing
- Article date:
- October 17, 2002
CopyrightCOPYRIGHT 2002 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Ninth Circuit Court of Appeals recently determined that the words "under God" in the Pledge of Allegiance to the Flag violate the Establishment Clause of the First Amendment prohibiting government endorsement of religion. In Newdow v. U.S. Congress, 292 F.3d 597 (9th Cir. 2002), the Court held that a federal statute inserting the words "under God" into the Pledge (1954 Act) and a school district's policy of requiring teachers to lead the recitation of the Pledge in the classroom are unconstitutional. In reversing a lower court's dismissal of the action, the Court ruled that the father of a public elementary school student had standing to challenge the ...