Today's Date: Add To Favorites
Federal Court Hears Pledge, Motto Cases
Breaking Legal News | 2007/12/05 09:45
An atheist pleaded with a federal appeals court to remove the words "under God" from the Pledge of Allegiance and "In God We Trust" from U.S. currency, saying the references disrespect his religious beliefs.

"I want to be treated equally," said Michael Newdow, who argued the cases consecutively to a three-judge panel of the 9th U.S. Circuit Court of Appeals on Tuesday. He added that supporters of the phrases "want to have their religious views espoused by the government."

Newdow, a Sacramento doctor and lawyer, sued his daughter's school district in 2000 for forcing public school children to recite the pledge, saying it was unconstitutional.

The 9th Circuit ruled in Newdow's favor in 2002, but two years later, the U.S. Supreme Court ruled that he lacked standing to sue because he didn't have custody of the daughter on whose behalf he brought the case. He immediately filed a second lawsuit on behalf of three unidentified parents and their children in another district.

In 2005, a federal judge in Sacramento again found in favor of Newdow, ruling the pledge was unconstitutional. The judge said he was following the precedent set by the 9th Circuit's ruling in Newdow's first case.

Terence Cassidy, a lawyer for the school district, argued Tuesday that reciting the pledge is simply a "patriotic exercise" and a reminder of the traditions of the U.S.

"How is pledging allegiance to a nation under God not a religious act?" Judge Dorothy W. Nelson asked. Cassidy said the pledge has religious elements but is not a religious exercise.

Newdow said the pledge has "tons of religious significance. That's why everyone gets so angry when we talk about ... taking it out."

Nelson asked Cassidy whether removing the words "under God" would make the pledge any less patriotic.

"Not necessarily," he replied, arguing it provided a historical context, not a religious one.

Congress added the words "under God" to the Pledge of Allegiance in 1954, and passed a law requiring all U.S. currency to carry the motto "In God We Trust" a year later. Congress first authorized a reference to God on money in 1864.

In describing the historical context for use of the word "God," the government cited the Declaration of Independence, which states that all men "are endowed by their Creator with certain unalienable rights."

In 2005, Newdow sued Congress and several federal officials, arguing the motto's presence on coins and currency violated his First Amendment rights. A federal judge in Sacramento ruled against him last year, and Newdow appealed.

On Tuesday, Justice Department lawyer Lowell Sturgill Jr. said "In God We Trust" is not an endorsement of a particular faith, but simply a patriotic or ceremonial message.

Judge Stephen Reinhardt indicated support for Newdow's position.

The "In God We Trust" motto "affects Mr. Newdow every moment of his life," Reinhardt said. "The government has no compelling interest to put a slogan on a dollar bill."

Newdow said he didn't advocate hostility toward God or religion and respected people's right to their own beliefs. He said he wanted equal respect for atheists.

About 20 Newdow supporters in the courtroom and outside the courthouse wore T-shirts touting evolution and atheism and carried signs supporting the separation of church and state.



[PREV] [1] ..[5713][5714][5715][5716][5717][5718][5719][5720][5721].. [8292] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
New Hampshire courts hear 2 ..
PA high court orders countie..
Tight US House races in Cali..
North Carolina Attorney Gene..
Republicans take Senate majo..
What to know about the unpre..
A man who threatened to kill..
Ford cuts 2024 earnings guid..
Kenya’s deputy president pl..
South Korean court acquits f..
Supreme Court grapples with ..
Supreme Court leaves in plac..
Kentucky sheriff accused of ..
New rules regarding election..
North Carolina appeals court..


Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design