Written by Don Byrd
Federal courts have consistently ruled constitutional the use of “Under God” in public school recitations of the Pledge of Allegiance. In 2010, for example, the 9th Circuit held that the phrase is not a prayer, but instead an acknowledgement of our “founders’ political philosophy.”
In response, groups opposed to the use of “under God” are now employing a new legal tactic, relying on state law rather than the U.S Constitution to make their case. First in Massachusetts, and more recently in New Jersey, families have sued school districts challenging the mandatory recitation of the Pledge of Allegiance, arguing the practice violates Equal Protection provisions of the state’s constitution.
The Christian Science Monitor explains:
In the Massachusetts and New Jersey cases . . . atheists are claiming minority status and basing their arguments on guarantees of equal protection under the law.
“This approach, thinking of atheists as decent Americans who should not be discriminated against, is quite frankly long overdue,” says David Niose, legal director at the American Humanist Association. “It’s almost as if the Establishment Clause has distracted from the fact that this is a minority group that deserves to be treated with respect.”
…
“The states have different standards with regard to equality, as well as a lot of other different constitutional rights,” says Mr. Niose. “So if you’re an atheist who happens to feel that you’re being discriminated against, it only makes sense to consider all of the alternatives.”
The American Humanist Association announced the filing of the New Jersey suit earlier this week.
