“We hold that the Pledge of Allegiance does not violate the establishment clause,” judge Carlos T. Bea said in his ruling.
The 9th US Circuit Court of Appeals rejected a lawsuit by an atheist activist that the “One Nation Under God” phrase recited by school students violates constitutional rules violating church and state.
“The phrase ‘one Nation under God’ does not turn this patriotic exercise into a religious activity.”
The Pledge of Allegiance was adopted by Congress in 1942 without the “under God” reference.
In 1954, the Pledge was amended to add the phrase “under God”.
"Congress ostensible and predominant purpose when it enacted and amended the pledge over time was patriotic, not religious," said the judge.
The Pledge is sworn by children in public schools in response to state laws requiring it to be offered.
Congressional sessions open with the swearing of the Pledge, as do government meetings at local levels.
“Without knowing the history behind these words, one might well think the phrase 'one Nation under God' could not be anything but religious,” said the ruling.
“History, however, shows these words have an even broader meaning, one grounded in philosophy and politics and reflecting many events of historical significance.”
Constitutional
The federal court said that the “under God” phrase is in no violation of the US Constitution.
“The Pledge is constitutional," said Judge Bea.
"The Pledge of Allegiance serves to unite our vast nation through the proud recitation of some of the ideals upon which our Republic was founded.”
The appeals court also rejected another lawsuit by the atheist activist against the use of “In God We Trust” phrase on US currency.
“In God We Trust” is the official motto of the United States.
The motto first appeared on a coin in 1864 during strong Christian sentiment emerging during the Civil War.
It became the official US national motto after the passage of an Act of Congress in 1956.
“We are pleased with the ruling,” said Charles Miller, a Justice Department spokesman.
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