Becket Fund to Defend "Under God" Before Ninth CircuitNov 21, 2005 On November 21, 2005, The Becket Fund for Religious Liberty filed an appeal with the United States Court of Appeals for the Ninth Circuit seeking to reverse Judge Lawrence Karlton’s injunction prohibiting recitation of the Pledge of Allegiance in California public schools. Judge Karlton, a Sacramento federal district court judge, ruled in September that it was unconstitutional for teachers to lead students in the Pledge because it contains the phrase “under God.” On Friday, November 18, 2005, he entered a permanent injunction to implement that judgment by prohibiting teacher-led recitation of the Pledge with "under God" in it. The injunction was stayed, however, until the issue is fully resolved through the appeals process.
Earlier this year, Michael Newdow, the Sacramento-based atheist, filed suit against the United States Congress, three California school districts, and the state of California, among others, claiming that it violates the Establishment Clause of the First Amendment to lead students, even voluntarily, in the Pledge of Allegiance because it includes the phrase "under God." Soon thereafter, The Becket Fund intervened on behalf of students, their parents, and the 1.7 million members of the Knights of Columbus to defend the constitutionality of "under God" in the Pledge, as well as the American philosophy of limited government that it reflects. Resources & DocumentsRelevant Cases
|
