Pledge of Allegiance Watch: Federal Judge Declares Pledge Unconstitutional – To Be Immediately Appealed

Update: The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court.

“It’s a way to get this issue to the Supreme Court for a final decision to be made,” said fund attorney Jared Leland.

The decisions by Karlton and the 9th Circuit conflict with an August opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Va. That court upheld a Virginia law requiring public schools lead daily Pledge of Allegiance recitation, which is similar to the requirement in California.

A three-judge panel of that circuit ruled that the pledge is a patriotic exercise, not a religious affirmation similar to a prayer.

“Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to assert that the words `under God’ contain no religious significance,” Judge Karen Williams wrote for the 4th Circuit. “The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity.”

Karlton, appointed to the Sacramento bench in 1979 by President Carter, wrote that the case concerned “the ongoing struggle as to the role of religion in the civil life of this nation” and added that his opinion “will satisfy no one involved in that debate.”

Karlton dismissed claims that the 1954 Congressional legislation inserting the words “under God” was unconstitutional. If his ruling stands, he reasoned that the school children and their parents in the case would not be harmed by the phrase because they would no longer have to recite it at school.

It is surprising that Slow Joe Plagiarist Biden did not ask Judge Roberts today what his opinion is.

Nahhhh he will probably stay away from this one. He would not want to be viewed unpatriotic would he?

Flap knows how Chief Justice Roberts will rule on this stupid issue.

A Federal Judge has ruled today that “Under God”is unconstitutional in the Pledge of Allegiance.

A federal judge in San Francisco ruled this morning that it is unconstitutional for public school children to recite the Pledge of Allegiance, because of its reference to one nation “under God.”

U.S. District Judge Lawrence Kartlon ruled he is bound by the precedent set by the Ninth U.S. Circuit Court of Appeals.

Well, this case resurfaces again.

Flap handicaps the Supremes will hear this case (albeit in a few years) and certainly SLAP the 9th Circuit when they overturn it. As they should!

And folks wonder why appointments to the federal bench are SO important.

Karlton ruled in a lawsuit brought by Sacramento atheist Michael Newdow on behalf of three families who are custodial parents of children who attend Northern California public schools and the students themselves.

Last year Newdow lost a similar attempt to have the pledge ruled unconstitutional when he sued on behalf of his daughter. The Ninth Circuit Court of Appeals agreed with Newdow’s argument the pledge violated the First Amendment’s ban on establishing religion. The case was appealed and ended up before the U.S. Supreme Court, but the justices declined to rule, saying there was a question about whether Newdow had custody of his daughter. Newdow returned to the issue earlier this year representing families of public school children.

Stay Tuned.

Update #1

The ASSociated Press has this account Judge: School Pledge Is Unconstitutional.

U.S. District Judge Lawrence Karlton ruled that the pledge’s reference to one nation “under God” violates school children’s right to be “free from a coercive requirement to affirm God.”

Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of.

Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue.

Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts, where the plaintiffs’ children attend.

Of course, the restraining order will be stayed but this issue will definitely be a HOT POLITICAL issue in California…..just in time for the November Special Election.

XRLQ has it right, Moron Judge of the Day: Lawrence Karlton

Hugh Hewitt has a solution, Calling for Justice McConnell?

Michelle Malkin has ONE NATION, UNDER ATHEISTIC INSANITY…

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