House approves bill to 'protect' Pledge of Allegiance

July 21, 2006

(RNS) The House of Representatives passed legislation Wednesday (July 19) that would prohibit most federal courts -- including the Supreme Court -- from hearing constitutional challenges to the Pledge of Allegiance.

The measure, which was approved 260-167, is part of Republicans' "American Values Agenda," designed to galvanize conservative voters before elections in November.

Conservative lawmakers expressed particular concern that the phrase "one nation, under God" be kept in the pledge to reflect the country's religious history.

"We should not and cannot rewrite history to ignore our spiritual heritage," said Rep. Zach Wamp, R-Tenn., according to The Associated Press. "It surrounds us. It cries out for our country to honor God."

Critics of the bill argued that it is a congressional overreach that defies the separation of powers between the three branches of government. Moreover, it denies the rights of those Americans who do not believe in monotheism, they say.

In 2002, the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the "under God" part of the pledge, when recited in public schools, violates the Constitution by reflecting a governmental endorsement of religion.

The Supreme Court overruled that decision on a technicality, but the California atheist who brought the lawsuit has renewed his legal efforts. The case -- with new plaintiffs -- is again before the 9th Circuit Court of Appeals.

Congress officially recognized the Pledge of Allegiance in 1945 with a special provision that requires congressional approval of any changes. In 1954, President Dwight Eisenhower asked Congress to amend the pledge to add the phrase "under God."

It is unclear when the Senate will take up the bill.

-- Daniel Burke