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Court: 'Under God' not religious

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Published: March. 11, 2010 at 11:23 PM

SAN FRANCISCO, March 11 (UPI) -- A three-judge federal court panel in San Francisco ruled Thursday the words "under God" in the Pledge of Allegiance are not an endorsement of religion.

The Ninth Circuit Court panel issued the ruling in a lawsuit brought by an atheist who challenged the constitutionality of the pledge. The court found in 2002 the addition of "under God" to the pledge in 1954 was religiously motivated and ruled it unconstitutional.

The case reached the U.S. Supreme Court, which declined to rule on it and sent it back to the Ninth Circuit Court. In a 2-1 vote, the panel ruled Thursday the phrase invokes patriotism, not faith, the San Francisco Chronicle reported.

The ruling said the pledge is "a recognition of our founders' political philosophy that a power greater than the government gives the people their inalienable rights."

"Thus, the pledge is an endorsement of our form of government, not of religion or any particular sect," the two-judge majority concluded.

The same panel ruled 3-0 in a separate finding the inclusion of the U.S. motto, "In God We Trust," on coins and currency is patriotic and not religious.

Michael Newdow, the Sacramento atheist who brought the lawsuit, said he would appeal both rulings, the Chronicle reported.

He said the rulings send a message that "to be a real American, you believe in God, and the judiciary unfortunately sometimes can't be trusted to uphold our constitutional rights when you're a disenfranchised minority."

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