Supreme Court hears Pledge case

The Supreme Court began its day March 24 with the long-standing tradition of the Marshall of the Court entering and shouting, “God save the United States and this Honorable Court!” The court then began hearing oral arguments in a case that could remove the word “God” out of the Pledge of Allegiance.

In one of the most-watched cases of this year’s session, the highest court in the land is hearing arguments from Michael Newdow, an atheist who says the phrase “one nation under God” in the Pledge is unconstitutional and that it indoctrinates children. He is asking the court to keep it out of public schools.

Newdow, a lawyer, is representing himself in the landmark case. His nine-year-old daughter attends a public school in a suburban Sacramento school district. In 2002, Newdow sued the school over its recitation of the Pledge of Allegiance, saying the phrase “under God” violates the Constitution’s ban on government-established religion. He won, and the 9th Circuit Court of Appeals upheld the decision, paving the way for the school district to appeal the case to the Supreme Court.

But many are questioning Newdow’s legal right to file the lawsuit on behalf of his daughter. He is divorced from Sandra Banning, the girl’s mother, and Banning has primary custody of the child. Justices could throw out the case if they decide Newdow needed the mother’s consent to file a suit on behalf of their daughter.

Banning, for her part, has made her position clear. “I object to this inclusion of our daughter in this case,” she told ABC television the morning proceedings began. Banning says she is a Christian and a supporter of the Pledge. “I hope and pray that they will support our history, the traditions of our nations and the values that we hold dear,” she said.

Banning isn’t alone in that hope. The Bush administration - and most of Congress - has said the Pledge should remain as is - and should continue to be recited in public schools. And an Associated Press poll found that 9 out of 10 Americans overwhelmingly support the Pledge’s reference to God.

Over 100 of those supporters gathered on the steps of the Supreme Court building the morning oral arguments began. They started the day with their hands over their hearts, reciting the Pledge in its entirety.

— E.P. News