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Contact: Cindy Roberts (662) 844-5036 ext. 227
For Immediate Release:  9/14/2005

California federal court strikes pledge

(Tupelo, MS) - A federal district court in San Francisco today ruled that reciting the Pledge of Allegiance in public schools is unconstitutional.

The case was brought by Michael Newdow, the same man whose earlier challenge to the Pledge of Allegiance made its way to the Supreme Court after the Ninth Circuit Court of Appeals ruled in Newdow’s favor. In that case, the Ninth Circuit ruled that reciting the Pledge of Allegiance in public schools is unconstitutional. The Supreme Court dismissed that case on procedural grounds.

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 Ninth U.S. Circuit Court of Appeals.

Responding to the ruling, American Family Association Center for Law & Policy Senior Trial Attorney, Brian Fahling, said, “Judge Karlton was simply wrong to claim that the Ninth Circuit Court of Appeals decision was binding on him. That is because the Supreme Court reversed the Ninth Circuit’s decision which had the effect of vacating, or undoing that decision.”

Fahling said the case will certainly be appealed to the Ninth Circuit “where a three judge panel will once again decide upon the fate of the Pledge of Allegiance for all public school students in that circuit.”

American Family Association is a pro-family advocacy organization with over two million online supporters.

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