“UNDER GOD” STAYS IN PLEDGE
The United States Supreme Court on Monday, June 14 declined to strike
the phrase “under God” from the Pledge of Allegiance.
The case arose when Michael A. Newdow, an atheist whose daughter
attends a California public school, challenged the school district’s
daily practice of reciting the Pledge of Allegiance on the ground that
the practice violates the Establishment Clause of the United States
Constitution. A federal district court dismissed Mr. Newdow’s challenge,
but the Ninth Circuit Court of Appeals ruled in his favor.
The Supreme Court ruled that Mr. Newdow did not have “standing” to
bring the lawsuit given the nature of his legal relationship to his
daughter. Mr. Newdow and the girl’s mother never married, and the
California courts have conferred greater rights upon the mother in an
ongoing custody battle. The decision nullifies the Ninth Circuit’s
ruling that the practice of leading willing schoolchildren in the Pledge
of Allegiance – including the phrase “under God” – violates the
Establishment Clause.
The Christian Legal Society’s Center for Law and Religious Freedom
filed “friend of the court” briefs in the Ninth Circuit Court of Appeals
and in the U.S. Supreme Court. It was joined in its Supreme Court brief
by the Center for Public Justice, Concerned Women for America, and the
Christian Educators Association International. In its briefs, the CLS
Center argued that the phrase “under God” does not violate the
Establishment Clause by endorsing religion. Rather, the phrase
acknowledges that all individuals are "endowed by their Creator with
certain unalienable rights,” and it affirms the basis for the United
States’ concept of limited government.
Three of the eight participating justices concluded that Mr. Newdow
had standing and that the Court should therefore reach the merits. All
three of them -- Chief Justice William Rehnquist, Justice Sandra Day
O’Connor, and Justice Clarence Thomas – all concluded that the inclusion
of the phrase “under God” in the Pledge did not violate the Establishment
Clause.
Opinion
CLS JOINS “FRIEND OF THE COURT” BRIEF TO DEFEND TEXAS SEMINARY
The Christian Legal Society joined a “friend of the court” brief in
HEB Ministries, Inc. v. Texas Higher Education Coordinating Board and
Commissioner claiming Texas unconstitutionally interferes with religious
institutions of higher education.
HEB Ministries, Inc. operates Tyndale Theological Seminary and
Biblical Institute, a private religious institution in Texas that offers
undergraduate and graduate degrees in areas such as theology, world
missions, and biblical counseling.In 1998 the Texas Higher Education Coordinating Board assessed fines
of $173,000 on Tyndale for failing to obtain permission from the state to
issue degrees and to use the term “seminary” in its name. Two statutory
provisions of the Texas Education Code require all institutions of higher
education in Texas to obtain accreditation from a state agency or to
obtain a certificate of authority from the Coordinating Board in order to
grant degrees and to refer to themselves as seminaries.Tyndale challenged the constitutionality of the above mentioned
provisions of the Texas Education Code on the grounds the provisions
violate the Establishment, Free Exercise, and Free Speech Clauses of the
United States Constitution and the Texas Constitution.HEB Ministries received unfavorable rulings in the district court and
the court of appeals, and it is seeking review in the Supreme Court of
Texas. The Christian Legal Society joined an amicus brief, authored by
Douglas Laycock, supporting HEB Ministries’ contention that the above
mentioned provisions of the Texas Education Code are unconstitutional.
Brief
ATTORNEY EMPLOYMENT OPPORTUNITY AT ALLIANCE DEFENSE FUND
The Alliance Defense Fund (ADF) is seeking an experienced attorney to
join its litigation team on a full time basis in the legal battle to
protect marriage and the traditional family. The position is immediately
available in its Scottsdale, Arizona location. A detailed job
description has been posted on the CLS website.
To apply for this position, please email your resume to hr@telladf.org
or fax to 480-444-0027. For more general information on the ministry and
mission of ADF, visit its website at www.alliancedefensefund.org.
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