Criticism of The Pledge of Allegiance - 2005 District Ruling

2005 District Ruling

In early 2005, Dr. Michael Newdow brought a new lawsuit on behalf of himself and others. On September 14, 2005, U.S. District Judge Lawrence Karlton ruled that it violated the Establishment Clause for public schools to lead their students in the Pledge of Allegiance to comply with California's requiring the recitation of the Pledge of Allegiance. The judge said he was bound by 2002 precedent of the 9th U.S. Circuit Court of Appeals decision even though it had been vacated by the Supreme Court. Judge Karlton held that the words "one nation under God" violate the right to be "free from a coercive requirement to affirm God."

On November 30, 2005, the Becket Fund for Religious Liberty, an organization claiming to defend religious rights for people of all faiths, appealed the case to the Ninth Circuit and filed a brief that declared, " object to the ruling that the pledge violates any part of the Establishment Clause." Derek Gaubatz, Director of Litigation for the Becket Fund, said his group would appeal the decision "if necessary to the Supreme Court to get that ruling reversed to secure the constitutionality of the pledge once and for all."

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