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Court won't rehear pledge challenge

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Published: Aug. 23, 2004 at 10:26 AM

WASHINGTON, Aug. 23 (UPI) -- The U.S. Supreme Court Monday refused to rehear a California atheist's challenge to the phrase "under God" in the Pledge of Allegiance.

Michael Newdow had challenged the phrase on behalf of his daughter, who attends elementary school in the Sacramento area. Newdow alleged the policy of the Elk Grove Unified School District to have students voluntarily recite the pledge each day violated the separation of church and state.

In June, the justices ruled that as a non-custodial parent, Newdow did not have "standing" -- the right -- to file suit on behalf of his daughter.

The justices reversed a lower-court ruling in Newdow's favor but did not reach the constitutional question of whether the phrase "under God" violates the separation of church and state.

Newdow then filed a petition for rehearing, which was denied Monday in a one-sentence order. Rehearings at the Supreme Court are extremely rare.

Congress enacted the Pledge of Allegiance officially in 1942, but did not add the phrase "under God" until 1954.

Topics: Michael Newdow
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