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Wednesday, September 14, 2005

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 Pledge of Allegiance ruled unconstitutional

Finally, some sanity:
Reciting the Pledge of Allegiance in public schools was declared unconstitutional today by a federal judge ruling in the second attempt by an atheist to have the pledge removed from classrooms. The man lost his previous battle before the U.S. Supreme Court.

U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation 'under God' violates school children's right to be "free from a coercive requirement to affirm God."

Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of.

Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue.

Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts, where the plaintiffs' children attend.

HEY SENATORS! Please please PLEASE ask for John Roberts' opinion on this ruling!

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