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Judge: 'In God We Trust' stays

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Published: June 13, 2006 at 8:47 PM

SACRAMENTO, June 13 (UPI) -- A federal judge in California has rejected an atheist's claim that the motto "In God we trust" violates the First Amendment separation of church and state.

U.S. District Judge Frank C. Damrell Jr. ruled that he is bound by a 1970 appellate opinion that the motto "has nothing whatsoever to do with the establishment of religion," the Sacramento Bee reported. The 9th U.S. Circuit Court of Appeals found that the phrase's use on coins and in other places is "of a patriotic and ceremonial character."

Michael Newdow, an emergency room doctor and non-practicing lawyer, argued that the appeals court ruled wrongly. He pointed to a 1977 Supreme Court decision that said New Hampshire cannot compel its citizens to display the phrase "Live free or die" on their license plates.

Newdow plans an appeal to the 9th Circuit.

In an earlier case, the 9th Circuit ruled in Newdow's favor in his challenge to the words "under God" in the Pledge of Allegiance. But the U.S. Supreme Court threw out the decision on the grounds that he did not have standing to sue on his daughter's behalf because his ex-wife was the custodial parent.

Topics: Michael Newdow
© 2006 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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