by John M. Curtis
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Copyright June 29, 2002
All Rights Reserved.

roving that every absurdity has its champion, San Francisco emergency room physician, part-time attorney and self-avowed atheist Michael A. Newdow won a Pyrhic victory for his 7-year old daughter in the U.S. 9th Circuit Court of Appeals, declaring the Pledge of Allegiance unconstitutional. Torching common sense, a three-judge panel voted 2-1 that the words "under God" violated the First Amendment's establishment clause, requiring separation of church and state. Writing for the majority, "In the context of the pledge, the statement that the United State is a nation 'under God' is an endorsement of religion," penned Judge Alfred T. Goodwin, a Republican Nixon appointee, proving, if nothing else, that he's ready for retirement. Like debating the bible, there's no limit to way-out constitutional arguments, this time hitting a raw nerve. Since Sept. 11, few Americans are in the flag-burning mood or ready to abandon the last vestige of American patriotism.

      Coined by Socialist Baptist minister Francis Bellamy in 1892 to commemorate the 400th anniversary of Columbus discovering America, the original pledge made no mention of God. Only in 1954 did the Knights of Columbus, a Catholic fraternal organization, lobby Congress to ad the phrase "under God," challenging the growing Communist-atheist threat from the Soviet Union. But in 1864, the U.S. mint boldly stamped the two-cent piece with the words "In God We Trust," the first time "God" appeared in public documents since the 1776 Declaration of Independence. No reference to God is made in either the Constitution [1787] or Bill of Rights [1789], respecting the establishment clause in the 1st Amendment, forbidding the government from establishing a state religion. Jefferson's references to a "Creator" or "God" in the Declaration of Independence had nothing to do with organized religion or even monotheism. He reminded the British monarch that the 13 colonies only answered to a higher authority.

      By referring to God, the founding fathers pledged that they derived their rights not from the hand of King George or the Pope, but from the inherent rights of natural law, including, life, liberty and the pursuit of happiness. "The issue is this: Does the government have the right to stick religion in the midst of the pledge, in the midst of society or anywhere?" said Newdow, equating the word "God" with religion. Actually Newdow came a lot closer to the mark, filing a federal suit objecting to Rev. Franklin Graham's reference to "the Lord Jesus Christ," before Bush's inaugural speech. But the "Pledge of Allegiance" doesn't mention Jesus Christ or any other religious symbol. A "nation under God," makes no reference to organized religion, other than saying the nation answers to a higher authority. Coins minted with "In God We Trust" also have nothing to do with organized religion. While pleasing to atheists, U.S. 9th Circuit Court Judge Goodwin went overboard concluding that "under God" designates endorsement of religion. Not all religions worship God or a supreme being.

      Realizng his mistake, Goodwin issued an immediate order blocking enforcement until all petitions are resolved. Weighing in on the controversy, "There's a universal God, in my opinion," said President Bush, suggesting that the court was "out of step" with American traditions, including the importance of The Pledge of Allegiance. Since 9-11, there's added weight to "allegiance," since subversive groups like Al Qaeda have infiltrated U.S. borders. Without The Pledge, the government has no means of teaching the kind of loyalty needed to secure national security. With American Taliban John Walker Lindh facing charges just short of treason, The Pledge takes on a whole new meaning, prompting strong emotional reactions. "This decision is . . . just nuts," said U.S. Senate Majority Leader Tom Daschle (D-N.D.), echoing outrage on both sides of the aisle. Only a handful of constitutional scholars saw some validity in Goodwin's ruling. "The majority decision is actually a very plausible reading of the Supreme Court precedents," said UCLA law professor Eugene Volokh, though noting that the 7th Circuit Court in Chicago found The Pledge constitutional.

      Ivory tower discussions don't factor into common sense. It's easy to split hairs, but more difficult to reconcile time-honored traditions. "Could we say we are 'One nation under Jesus'? Could we say we are 'One nation under David Koresh'? Or Muhammad? No. And we can't say we're 'one nation under God,'" said Newbow, citing the same twisted logic presented to the court. "I think the odds of that are about as great as an asteroid hitting Los Angeles tomorrow," said Harvard constitutional law professor Lawrence Tribe, confident that the 9th Circuit would reverse itself. Ceremonial statements like "under God" reflect sacred traditions not the government's attempt to breach the 1st Amendment. References to "under God" in The Pledge, said UC Berkeley constitutional law expert Jesse Choper, amount to "ceremonial deism," not religion, according to prior statements of Supreme Court justices. "This ruling is ridiculous," said White House Press Secretary Ari Fleischer, expecting the issue to fade away.

       Sacred traditions preserve the identity needed to advance national goals. Since 1892, The Pledge of Allegiance reminded all Americans that patriotism is a cherished value. Like recalling a little history and celebrating national holidays, The Pledge doesn't brainwash people, it gives a simple lesson about duty. Adding "In God We Trust" to coins in 1864 or "under God" to The Pledge in 1954 doesn't establish a state religion: It reminds citizens that a humble government answers to a higher authority. With terrorists on American soil, there's no better time to reaffirm a pledge that calls for more patriotism. "We will fight this as far as it takes and as long as it takes," said Elk Grove Unified School District Supt. Daniel W. Gordon, reflecting feelings of the vast majority of Americans. In this troubled time, there's no better time to celebrate The Pledge, acknowledging that America must answer to a higher authority. Banning patriotic rituals don't protect the 1st Amendment or help Americans to be better citizens.

About the Author

John M. Curtis is editor of OnlineColumnist.com and columnist for the Los Angeles Daily Journal. He directs a Los Angeles think tank specializing in corporate consulting and strategic communication. He's author of Dodging The Bullet and Operation Charisma.

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