Federal Court Asked to Uphold Constitutionality of Pledge of Allegiance Including Phrase Under God

Today we filed an amicus brief on behalf of more than 50 members of Congress asking a federal district court in New Hampshire to reject a lawsuit challenging the constitutionality of the Pledge of Allegiance because it contains the phrase, under God, which was added to the Pledge by Congress in 1954.   We are asking the federal court to uphold the constitutionality of the Pledge saying it is a patriotic exercise, not a religious one.

This lawsuit is another troubling attempt to rewrite history and reject one of the founding truths of our country:  that our freedoms come from God.  The Pledge and the phrase one Nation, under God should not pose a constitutional crisis.  There is ample precedent including from the Supreme Court that underscores the fact that patriotic exercises with religious references are consistent with the First Amendment.   Were hopeful the court will see this suit for what it is a legally flawed strategy to purge all religious references from American public life.  We ask the court to reject this lawsuit and uphold the constitutionality of the Pledge a time-honored exercise that embraces patriotism, not religion.

We filed the amicus brief today in U.S. District Court in Concord, New Hampshire on behalf of 51 members of Congress and more than 80,000 Americans nationwide.  Our friend-of-the-court brief comes after the Freedom From Religion Foundation sued Congress in federal court on behalf of several students in New Hampshire who object to the voluntary recitation of the Pledge in school.

In our brief, we argue that the Pledge and the phrase one Nation, under God do not violate the Constitution, saying that the words simply echo the sentiments found in the Declaration of Independence and recognize the undeniable truth that our freedoms come from God.  The brief contends:  These words were placed in the Pledge of Allegiance for the express purpose of reaffirming Americas unique understanding of this truth. The United States is different from nations who recognize no higher authority than the State. 

While the First Amendment affords atheists complete freedom to disbelieve, the brief argues, it does not compel the federal judiciary to redact religious references in every area of public life in order to suit atheistic sensibilities.

The brief also cites the fact that the Supreme Court has made numerous proclamations regarding the constitutionality of the Pledge; and in every instance in which the high court or individual Justices have addressed patriotic exercises with religious references including the Pledge they have concluded unequivocally that those references pose no constitutional problems. 

We contend that, if the lawsuit succeeds, a flood of new litigation will ensue.  The brief says if the Pledge is declared unconstitutional   . . . it will undoubtedly embolden further challenges to other religious expressions in government venues, including the several religious works of art and various religious inscriptions in the Capitol Complex, as well as the prayer rooms in House and Senate Office buildings.

We represent 51 members of the 110th Congress including three Senators:  Sam Brownback, James M. Inhofe, and Ted Stevens.  Also represented are 48 members of the House:  Robert B. Aderholt, W. Todd Akin, Rodney Alexander, J. Gresham Barrett, Roscoe G. Bartlett, Rob Bishop, Marsha Blackburn, Roy Blunt, Ken Calvert, Chris Cannon, Tom Cole, John Abney Culberson, Mario Diaz-Balart, John T. Doolittle, Tom Feeney, Jeff Flake, J. Randy Forbes, Trent Franks, Scott Garrett, Phil Gingrey, Virgil H. Goode, Jeb Hensarling, Wally Herger, Peter Hoekstra, Duncan Hunter, Walter B. Jones, Ric Keller, Steve King, Jack Kingston, John Kline, Frank D. Lucas, John M. McHugh, Donald A. Manzullo, Jim Marshall, Gary G. Miller, Jeff Miller, Sue Wilkins Myrick, Stevan Pearce, Mike Pence, Joseph R. Pitts, Pete Sessions, John B. Shadegg, John Shimkus, Mark E. Souder, John Sullivan, Lee Terry, Dave Weldon, and Joe Wilson.

The ACLJ also represents the Committee to Protect Under God, which consists of more than 80,000 Americans including many parents of school-age children who attend public schools and desire to recite the Pledge of Allegiance in its entirety.

We are being assisted in this case by John Anthony Simmons, a Hampton, NH attorney.