Court: 'Under God' pledge unconstitutional

SACRAMENTO, Sept. 14 (UPI) -- A U.S. judge in California ruled Wednesday the phrase "under God" in the Pledge of Allegiance in public schools is unconstitutional.

For the moment, the judge's ruling applies only to three Sacramento-area school districts. If the case reaches the U.S. Supreme Court, any high-court ruling would be nationwide.

U.S. District Judge Lawrence Karlton said an earlier ruling by the 9th U.S. Circuit Court of Appeals -- in a lawsuit brought by atheist Michael Newdow -- was binding. The Supreme Court ruled in a review of the earlier decision that Newdow lacked standing to bring the suit -- as the non-custodial parent of an elementary school child, he had no right to file -- but did not address the constitutional question of whether the phrase "under God" violates the constitution.

In Wednesday's ruling, Karlton said he was therefore bound by the earlier 9th Circuit ruling -- that the Elk Grove, Calif., school district policy "impermissibly coerces a religious act" by putting students in "the untenable position of participating in an exercise with religious content or protesting."

Karlton ruled against Newdow on the question of standing, but he found that three other atheist parents who joined Newdow in filing a new complaint against school officials have legal standing the bring the case.

Karlton said he would issue a restraining order, if an "appropriate motion" were brought, banning teacher-led recitation of the Pledge at schools the unidentified plaintiffs' children attend.

The judge upheld the pledge at school board and other governmental meetings attended by adults.