Michael Newdow - Litigation - Pledge of Allegiance

Pledge of Allegiance

Newdow is best known for the lawsuit which he states was filed on behalf of his daughter against inclusion of the words "under God" in public schools' recitals of the United States' Pledge of Allegiance. The United States Court of Appeals for the Ninth Circuit found that the phrase constitutes an endorsement of religion, and therefore violates the Establishment Clause of the First Amendment to the United States Constitution. However, the decision was later overruled by the Supreme Court of the United States on procedural grounds, citing that Newdow did not have custody of his daughter and therefore did not have the right to bring suit on her behalf, nor did he meet the Court's prudential standing requirements to bring the suit on behalf of himself.

Newdow filed suit again in the United States District Court for the Eastern District of California regarding the same issue, but this time on behalf of three unnamed parents and their children. Citing the precedent set by the Supreme Court in the course of Newdow's previous suit, Judge Lawrence K. Karlton ruled that Newdow did not have standing to bring his lawsuit, but the other plaintiffs did have standing. Based on the previous ruling by the Ninth Circuit, the judge ruled that the pledge is unconstitutional when recited in public schools.

On March 11, 2010, the United States Court of Appeals for the Ninth Circuit upheld the words "under God" in the Pledge of Allegiance in the case of Newdow v. Rio Linda Union School District. On page 60 of the ruling the court writes: "We hold that the California Education Code - 52720 and the School District's policy having teachers lead students in the recitation of the Pledge, and having those who do not wish to participate do so with impunity, do not violate the Establishment Clause. Therefore we reverse the decision of the district court holding that the School District's policy is unconstitutional and vacate the permanent injunction prohibiting the recitation of the Pledge by willing students." The court also ruled against Newdow in that he had no prudential standing to file a complaint in the first place. Senior Circuit Judge Dorothy W. Nelson joined Judge Carlos T. Bea in the ruling, but Judge Stephen Reinhardt dissented.