ACLJ Pleased Federal Court Rejects Lawsuit Challenging National Motto

From the beginning this suit was nothing more than an attempt to alter history by removing a legitimate expression of our religious history.
Jay Sekulow, ACLJ Chief Counsel

WASHINGTON, June 13, 2006 - A federal district court in Sacramento, Calif. has dismissed a lawsuit filed by atheist Michael Newdow challenging the constitutionality of our national motto, In God We Trust.  The American Center for Law and Justice (ACLJ) filed a friend-of-the-court brief in the case on behalf of 47 members of Congress in support of the federal governments request to dismiss the suit.

The decision to dismiss this frivolous lawsuit is absolutely on target and not only makes sense but is legally sound, said Jay Sekulow, Chief Counsel of the ACLJ.  From the beginning this suit was nothing more than an attempt to alter history by removing a legitimate expression of our religious history.  It is very encouraging that the federal district court concluded what we have argued all alongthe national motto has nothing to do with the establishment of religion in this country.  We stand ready to continue the legal fight and will file briefs at the federal appeals court if this decision is appealed.  This is an important victory in the legal process sending a very powerful message that underscores the fact that our national motto is not only permissible, but constitutional as well.

In dismissing the suit, U.S. District Court Judge Frank C. Damrell, Jr. cited a 36-year-old opinion issued by the U.S. Court of Appeals for the Ninth Circuit - which has jurisdiction over California - that concluded the national motto has nothing whatsoever to do with the establishment of religion. 

In that 1970 case, the appeals court concluded:  Its use is of a patriotic or ceremonial character and bears no true resemblance to a government sponsorship of a religious exercise.

In its amicus brief filed with the federal district court, the ACLJ urged the court to dismiss the suit.  The Establishment Clause was never intended as a guarantee that a person will not be exposed to religion or religious symbols on public property, and the Supreme Court has rejected previous attempts to eradicate all symbols of this countrys religious heritage from the publics view, the brief argued.  Although enterprising plaintiffs can find support for just about any proposition in the Courts multifarious Establishment Clause pronouncements, a claim that the national motto violates the First Amendment borders on frivolous.

The ACLJ represented itself and 47 members of Congress.  The list includes:  U.S. Senator Jim DeMint and U.S. Representatives Robert B. Aderholt, W. Todd Akin, Roscoe G. Bartlett, Kevin Brady, John Campbell, Steve Chabot, Chris Chocola, K. Michael Conaway, Geoff Davis, Jo Ann Davis, Phil English, Tom Feeney, Virginia Foxx, Trent Franks, Scott Garrett, Phil Gingrey, Virgil H. Goode, Jr., Gil Gutknecht, J.D. Hayworth, Jeb Hensarling, Wally Herger, Bob Inglis, Ernest J. Istook, Jr., Bobby Jindal, Sam Johnson, Michael T. McCaul, Patrick T. McHenry, Sue Wilkins Myrick, Randy Neugebauer, Charlie Norwood, Mike Pence, Charles W. Chip Pickering, Todd Russell Platts, Dana Rohrabacher, Paul Ryan, Jim Ryun, John B. Shadegg, Michael E. Sodrel, Mark E. Souder, Thomas G. Tancredo, Lee Terry, Todd Tiahrt, Zach Wamp, Dave Weldon, Lynn A. Westmoreland, and Roger F. Wicker.  All are members of the 109th Congress and supported the Defendants motion to dismiss the lawsuit.

In God We Trust appears on U.S. currency and has been the official U.S. motto since 1956.   The ACLJ brief is posted online at: http://aclj.org/media/pdf/ACLJamicusbriefINGODWETRUST.pdf