Knights of Columbus wins Pledge of Allegiance case in Federal
Appeals Court
Ninth U.S. Circuit Court of Appeals upholds
constitutionality of "under God" in Pledge
(SAN
FRANCISCO, CA) -- The Ninth U.S. Circuit Court of Appeals
ruled today that he words "one nation under God" in the Pledge
of Allegiance "do not violate the Establishment Clause" of the First
Amendment to the Constitution.
The Knights of Columbus led the campaign to add the words "under
God" to the Pledge in the early 1950s, and the trial court agreed to
allow the Knights of Columbus to join the present case as defendants
when it was originally filed in 2005.
"This decision is a victory for common sense," Supreme Knight Carl
A. Anderson said. "It is also a welcome reversal of the Ninth
Circuit's 2002 decision in a similar case that was ultimately thrown
out by the Supreme Court on technical grounds. Today, the Court got
it absolutely right: recitation of the Pledge is a patriotic
exercise, not a religious prayer. Best of all, the Court said that
the words 'under God' add a 'note of importance which a Pledge to
our Nation ought to have and which in our culture ceremonial
references to God arouse.' Every reasonable person knows that, and
today's decision is a breath of fresh air from a court system that
has too often seemed to be almost allergic to public references to
God. This is a very good day for America," Anderson concluded.
In today's ruling, the Court noted that, "Among the 'self-evident
truths' the Framers believed was the concept that all people are
entitled to certain inalienable rights given to them by the 'Laws of
Nature and Nature's God' and that the purpose of government should
be to "secure those rights.'" Such beliefs provide the context in
which the words of the Pledge must be understood, the Court said.
The Knights of Columbus and several individual Knights and their
families were defendant-interveners in the case, and the court's 2-1
decision incorporates many of the arguments presented to the Court
by
The Becket Fund for Religious Liberty, a public interest law
firm that represented the Knights in the case. Oral arguments
before the Ninth Circuit panel had been heard in December 2007.
Other defendants in the case included the United States government
and a Sacramento-area school district.
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March 11, 2010