Pledge, Motto Cases to Be Heard by Court

Lawyer Blogs

An atheist seeking to remove the words "under God" from the Pledge of Allegiance and U.S. currency is taking his arguments back to a federal appeals court.

Michael Newdow, a Sacramento doctor and lawyer, sued the Elk Grove Unified School District in 2000 for forcing public school children to recite the pledge, saying it was unconstitutional.

The 9th U.S. Circuit Court of Appeals ruled in Newdow's favor in 2002, but two years later, the U.S. Supreme Court ruled that Newdow lacked standing to sue because he didn't have custody of the daughter on whose behalf he brought the case. He immediately filed a second lawsuit on behalf of three unidentified parents and their children.

In 2005, a federal judge in Sacramento found in favor of Newdow, ruling the pledge was unconstitutional because its reference to "one nation under God" violates children's rights to be "free from a coercive requirement to affirm God." The judge said he was following the precedent set by the 9th Circuit Court's ruling in Newdow's first case.

A three-judge panel from that court was to hear arguments in the case on Tuesday. The same panel also was to hear arguments in Newdow's case against the national motto, "In God We Trust."

In 2005, Newdow sued Congress and several federal officials, arguing that making money with the motto on it violated the First Amendment clause requiring the separation of church and state.

Last year, a federal judge in Sacramento disagreed, saying the words did not violate Newdow's atheism. Newdow appealed.

Congress first authorized a reference to God on a two-cent piece in 1864. In 1955, the year after lawmakers added the words "under God" to the Pledge of Allegiance, Congress passed a law requiring all U.S. currency to carry the motto "In God We Trust."

Related listings

  • Court Rejects Mental Health Case

    Court Rejects Mental Health Case

    Lawyer Blogs 12/03/2007

    [##_1L|1399685188.jpg|width="140" height="105" alt=""|_##]A Mississippi death row inmate whose lawyer had never tried a case and suffered from mental illness failed Monday to persuade the Supreme Court to take his case. The court did not comment in d...

  • U.S. rights stance faces big test in Guantanamo case

    U.S. rights stance faces big test in Guantanamo case

    Lawyer Blogs 12/03/2007

    The tarnished U.S. human rights image faces a major test this week as the Supreme Court considers whether terrorism suspects held for years without charges at Guantanamo Bay are wrongly detained.The court's nine justices on Wednesday are to hear the ...

  • Guilty Plea in Navy Bid Rigging Case

    Guilty Plea in Navy Bid Rigging Case

    Lawyer Blogs 12/01/2007

    A metal sling manufacturing company has pleaded guilty to conspiracy to rig bids on U.S. Navy contracts, the federal officials said.Authorities said Certified Slings Inc. rigged bids for manufacturing metal sling hoist assemblies, which are used to t...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read