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Court wrestles with 'under God' in pledge

WASHINGTON, March 24 (UPI) -- A California atheist told the U.S. Supreme Court Wednesday that the phrase "under God" should be erased from the Pledge of Allegiance.

Michael Newdow, representing himself, said the phrase is unconstitutional because it is a government-sponsored religious affirmation in the belief of God.

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"I am an atheist," Newdow told the justices. "I don't believe in God. Yet every school morning my daughter is asked to stand up and say that her father is wrong."

A lawyer for the Sacramento-area school district challenged Newdow's right to bring the case, saying he is not the custodial parent. The lawyer was supported by the Bush administration's top lawyer, U.S. Solicitor General Theodore Olson.

The phrase "under God" was placed in the pledge by Congress in 1954 -- at the same time Congress hedged its bets by saying that the inclusion "was not an establishment of religion."

Justice Antonin Scalia has withdrawn from the case after making public comments supporting the phrase.

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