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Judge declares pledge unconstitutional

A judge rules reciting the Pledge of Allegiance in public schools is unconstitutional, citing as precedent a case the Supreme Court dismissed in June.

SAN FRANCISCO - A federal judge ruled Wednesday that reciting the Pledge of Allegiance in public schools is unconstitutional, a decision that could put the divisive issue on track for another round of Supreme Court arguments.

The case was brought by the same atheist whose previous battle against the words "under God" was rejected last year by the Supreme Court on procedural grounds.

U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation "under God" violates schoolchildren's right to be "free from a coercive requirement to affirm God."

Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools. The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter, on whose behalf he sued.

Newdow, a lawyer and medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue. Newdow said he hopes that will make it more likely the merits of his case will be addressed by the high court.

"Imagine every morning if the teachers had the children stand up, place their hands over their hearts, and say, "We are one nation that denies God exists,"' Newdow said.

"I think that everybody would not be sitting here saying, "Oh, what harm is that.' They'd be furious. And that's exactly what goes on against atheists. And it shouldn't."

The decisions by Karlton and the 9th Circuit conflict with an August opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Va. That court upheld a Virginia law requiring public schools to lead daily Pledge of Allegiance recitation, similar to the requirement in California.

A three-judge panel of that circuit ruled that the pledge is a patriotic exercise, not a religious affirmation similar to a prayer. HOW GOD GOT IN

The Pledge of Allegiance was written by the Rev. Francis Bellamy in August 1892. Louis A. Bowman claimed to be first person to begin adding "under God" in 1948. In 1951, Knights of Columbus and other religious groups began a campaign to have the phrase added. President Dwight Eisenhower signed it into law on Flag Day, June 14, 1954.

1942: The federal government says the pledge should be recited with the hand over the heart.

1943: The U.S. Supreme Court rules students can't be expelled for refusing to recite the pledge.

1954: On Flag Day, Congress and the president add the phrase "under God."

2002: A three-member panel of the 9th U.S. Circuit Court of Appeals rules 2-1 that reciting the pledge in public schools is unconstitutional because of the "under God" phrase.

2005: A federal judge rules the reciting of the pledge in public schools is unconstitutional.

--Sources: Los Angeles Times, www.pledgeqanda.com Times files