{"id":263,"date":"2010-03-12T13:48:01","date_gmt":"2010-03-12T13:48:01","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2010\/03\/welcomed-decisions-by-9th-circ.html"},"modified":"2010-03-12T13:48:01","modified_gmt":"2010-03-12T13:48:01","slug":"welcomed-decisions-by-9th-circ","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2010\/03\/welcomed-decisions-by-9th-circ.html","title":{"rendered":"Welcomed Decisions by 9th Circuit on Pledge & National Motto"},"content":{"rendered":"

Barry, <\/font><\/span><\/p>\n

<\/span>I know we’ve got health care and the issue of textbook curriculum on the discussion pages, but I wanted to briefly report on a couple of decisions by the U.S. Court of Appeals for the Ninth Circuit – decisions that are of great interest to both you and me.  <\/span>In what were closely watched cases, the appeals court upheld the constitutionality of the Pledge of Allegiance and our national motto.<\/font><\/span><\/p>\n

<\/span>The court concluded that the recitation of the Pledge in a California classroom – with the words ‘under God’ is not a prayer, but instead “a recognition of our founders’ political philosophy that a power greater than the government gives the people their inalienable rights . . . Thus, the Pledge is an endorsement of our form of government, not of religion or any particular sect.”<\/font><\/span><\/p>\n

<\/span>The appeals court concluded <\/a>that “the Pledge is one of allegiance to our Republic, not of allegiance to God or to any religion. Furthermore, Congress’ ostensible and predominant purpose when it enacted and amended the Pledge over time was patriotic, not religious.” <\/font><\/span><\/p>\n

<\/p>\n

The court also determined that the Pledge plays an important role in underscoring ideals that are part of our history:   <\/span>“The Pledge of Allegiance serves to unite our vast nation through the proud recitation of some of the ideals upon which our Republic was founded and for which we continue to strive: one Nation under God–the Founding Fathers’ belief that the people of this nation are endowed by their Creator with certain inalienable rights; indivisible–although we have individual states, they are united in one Republic; with liberty–the government cannot take away the people’s inalienable rights; and justice for all–everyone in America is entitled to ‘equal justice under the law’ (as is inscribed above the main entrance to our Supreme Court).” <\/font><\/span><\/p>\n

<\/span>In a separate decision, the 9th Circuit upheld the constitutionality of the national motto, “In God, We Trust” on our currency – saying that the phrase is ceremonial and patriotic, not religious.  <\/span>The court ruled that Michael Newdow, who brought both challenges, “did not and cannot cite a single Supreme Court case that called into question the motto’s constitutionality. . .”  <\/span>The appeals court also noted <\/a>that its decision is consistent with other decisions upholding the constitutionality of the national motto.  <\/span><\/font><\/span><\/p>\n

<\/span><\/font><\/span>We filed an amicus brief <\/a>representing 50 members of Congress in the national motto case.  <\/span><\/font><\/span><\/p>\n

<\/span><\/font><\/span>Barry, it’s always been our position that while the First Amendment affords atheists complete freedom to disbelieve, it does not compel the federal judiciary to redact religious references in every area of public life in order to suit atheistic sensibilities.  <\/span><\/font><\/span><\/p>\n

The appeals court reached the proper conclusion in both cases by rejecting more attempts to re-write history.  <\/span><\/font><\/span><\/p>\n

Will these 9th Circuit decisions end the legal challenges?  <\/span>I doubt it.  <\/span>Newdow already says he will appeal both rulings. While you can never predict how a court will rule, it seems highly unlikely that this legal challenge will succeed.<\/font><\/span><\/p>\n

What the 9th Circuit did accomplish is add to the growing body of court decisions that have concluded that there’s no constitutional crisis created by the Pledge or the national motto.  <\/span>As the appeals court pointed out: “Not every mention of God or religion by our government or at the government’s direction is a violation of the Establishment Clause.”<\/p>\n

To subscribe to “Lynn v. Sekulow” click <\/font>here<\/font><\/a><\/span><\/span><\/font><\/font><\/span><\/span><\/span><\/font><\/font><\/span>.<\/font><\/span><\/p>\n

<\/font><\/span><\/p>\n

 <\/font><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, I know we’ve got health care and the issue of textbook curriculum on the discussion pages, but I wanted to briefly report on a couple of decisions by the U.S. Court of Appeals for the Ninth Circuit – decisions that are of great interest to both you and me.  In what were closely watched…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,318,264,11],"tags":[],"class_list":["post-263","post","type-post","status-publish","format-standard","hentry","category-courts","category-national-motto","category-pledge-of-allegiance","category-public-schools"],"yoast_head":"\nWelcomed Decisions by 9th Circuit on Pledge & National Motto - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. Sekulow serves as a member of the Board of Trustees for The Supreme Court Historical Society in Washington, DC.","url":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/author\/jsekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/263","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/users\/163"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/comments?post=263"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/263\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/media?parent=263"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/categories?post=263"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/tags?post=263"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}