WASHINGTON (ABP) — The famous atheist who failed last year in his attempt to get the phrase “under God” removed from the Pledge of Allegiance is trying again.
California physician and attorney Michael Newdow filed a lawsuit in federal court Jan. 3 challenging the policies of several school districts that require public-school teachers to lead their students in recitation of the pledge. The suit also attempts — as Newdow's original case did — to remove the words “under God” from the pledge.
In a related development, Newdow has also filed a lawsuit in the U.S. District Court for the District of Columbia attempting to put a halt to the practice of clergypeople offering prayers at the presidential inauguration. President Bush's second inauguration is scheduled to take place Jan. 20 in Washington. A hearing for that case has been scheduled for Jan. 14.
Although the Pledge of Allegiance first came into wide use in 1892, the words were added by an act of Congress in 1954. The phrase and its recitation in public schools amount to a prayer or theological assertion, the suit alleges, and thus violate the Constitution's ban on government establishment of religion.
“Atheistic (and other non-monotheistic) Americans have had their religious free-exercise rights abridged, since they cannot attend government meetings, attend public schools or participate in other activities without being given the message that their religious beliefs are wrong,” the suit alleges.
Newdow is joined in the suit by several other atheists with children in California public schools.
Last year, the Supreme Court overturned Newdow's attempt to halt recitation of the pledge in his young daughter's Sacramento-area elementary school. While an appeals court originally sided with Newdow, the Supreme Court's justices said he did not have standing to bring the suit because he did not, at the time, have custody of his daughter.
When Newdow lost that case (Elk Grove Unified School District vs. Nedow), he and his supporters vowed to re-file with plaintiffs who had clear legal custody of their children. The new lawsuit, Newdow vs. United States Congress, refers to the other children and parents with pseudonyms.
It further notes that Newdow, though his custody battle over his daughter continues, nonetheless has the right to bring suit because he is a taxpayer in the Elk Grove district and because he attends school board meetings where the pledge is recited.