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geddingsm
Member



Joined: 2003/11/3
Posts: 61
south carolina

 pledge banned by court

SAN FRANCISCO (Reuters) - A California atheist who last year lost a Supreme Court fight to remove the phrase "under God" from the Pledge of Allegiance won an initial round on Wednesday to revive his cause in the courts.


A U.S. district court rejected a motion to dismiss his case to get the words excised from the pledge, which is recited by millions of schoolchildren every day. It cited the precedent of an earlier ruling by the U.S. 9th Circuit Court of Appeals.

"The court concludes that it is bound by the Ninth Circuit's previous determination that the school district's policy with regard to the pledge is an unconstitutional violation of the children's right to be free from a coercive requirement to affirm God," Judge Lawrence Karlton wrote.

In June 2004, the U.S. Supreme Court ruled that Californian atheist Michael Newdow could not challenge the pledge's phrase "under God" on behalf of his daughter because he did not have full legal control over her.

Newdow immediately filed a new federal case on behalf of his daughter and two other families against the Elk Grove Unified School District, the same Sacramento-area district he had previously sued.

The U.S. constitution establishes a strict division between church and state but many critics of the Bush administration accuse it of blurring those divisions, including by promoting socially active "faith-based" organizations.

President George W. Bush entered the conflict between religion and secularism when he said the theory of "intelligent design" -- that life on Earth is so complex it must have been guided by an unseen power -- should be taught in schools alongside evolution.

In effect, the Wednesday decision reopens the way for Newdow and others to argue the merits of the case before higher courts. The Supreme Court did not decide on the issue when finding Newdow did not have standing to bring the case.

INJUNCTION TO COME

The judge said he would issue an injunction against the pledge in schools in and around Sacramento after a further motion is submitted. Supporters of the pledge said they would argue to have any injunction put on hold until higher courts addressed the dispute, and Elk Grove schools said they would continue to say the pledge until ordered otherwise by a court.

"I believe our school children should have the ability to recite the Pledge of Allegiance in their classrooms and I urge the groups who are involved in this case to appeal today's ruling," Gov. Arnold Schwarzenegger said in a statement.

Newdow said he expected the fight to continue to the 9th Circuit with a new ruling there another year away.

"They are upholding the Constitution; that's what I expect federal judges to do," he said. "It is a question of treating Americans equally."

Derek Gaubatz, litigation director for the Becket Fund for Religious Liberty which is opposing Newdow, said he would appeal the ruling in a fight he called unnecessary. "This is an extreme legal theory, and our courts should not be filled with nonsense like this," he said.

In Him,
geddingsm


_________________
marvin geddings

 2005/9/14 20:37Profile
rocklife
Member



Joined: 2004/4/1
Posts: 323
usa

 Re: pledge banned by court

I hope the public schools take out the whole pledge of allegiance to the flag altogether.

I love our country and God's freedom and blessings here and all our leaders God has answered prayers with, but many young people saying the pledge to the flag under god are under the sinful god, the god of this world, not Jesus Christ savior. Christians need to be separate from the world, not worshipping and vowing loyalty together to a flag with unrepentant sinners. Our Creator God doesn't want us worshipping and talking to created things like cloth.


_________________
Jina

 2005/9/14 20:58Profile
dougkristen
Member



Joined: 2004/1/28
Posts: 360


 Re:

Quote:
but many young people saying the pledge to the flag under god are under the sinful god, the god of this world



Where did you hear this?

Doug


_________________
a Jesus freak

 2005/9/14 22:11Profile
geddingsm
Member



Joined: 2003/11/3
Posts: 61
south carolina

 Re:

The story came off of yahoo news and I also saw it on the news this evening.

geddingsm


_________________
marvin geddings

 2005/9/14 22:50Profile





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