Law & Courts

Federal Judge Strikes Down School-Led Pledge Recitations

By Catherine Gewertz — September 20, 2005 3 min read

A federal judge in California ruled last week that public-school-led recitations of the Pledge of Allegiance are unconstitutional, a decision that could pave the way for another round of debate over separation of church and state just as the U.S. Supreme Court’s membership is changing.

The Sept. 14 ruling by U.S. District Judge Lawrence K. Karlton of Sacramento came in a second lawsuit by Michael A. Newdow, the atheist who garnered national attention last year when he argued a similar case before the nation’s highest court.

“The whole basis of this lawsuit is that we treat everyone equally in term of their religious beliefs,” Dr. Newdow, who is a physician as well as a lawyer, said in an interview. “It’s clearly not equal for government to come in and say there is a God, when in fact there are many American citizens and others who deny that.”

Judge Karlton wrote that although the case had become “something of a cause celebre in the ongoing struggle” over the role of religion in public life, he was legally obliged to resolve it in a way that “will satisfy no one.”

Because the Supreme Court did not address the constitutional question when it decided Dr. Newdow’s case last year, Judge Karlton wrote, he must treat the ruling on that issue by the U.S. Court of Appeals for the 9th Circuit as binding precedent and abide by it.

The San Francisco-based appeals court held in 2002 that a teacher-led recitation of the pledge in a public school violates children’s right to be “free from a coercive requirement to affirm God.”

Judge Karlton said he would bar the three school districts named in the lawsuit from pledge recitations if he were asked to do so. Terence J. Cassidy, a lawyer representing those districts, said he would ask the judge to delay any such action while they appeal that part of the decision.

Mr. Cassidy said it was likely that the districts would appeal the ruling on the constitutional question.

Steven M. Ladd, the superintendent of California’s 58,000-student Elk Grove Unified School District, where the daughter of Dr. Newdow and one of the children of the other plaintiffs are enrolled, said in a statement that the school board “has long supported the Pledge of Allegiance as an appropriate patriotic exercise for willing students.”

Split Reaction

The decision drew swift reaction. Jay A. Sekulow, the chief counsel of the American Center for Law and Justice, based in Washington, called it “another example of a federal district court exhibiting hostility toward a time-honored tradition,” and he expressed the hope that a higher court would overturn it.

Ayesha Khan, the legal director of Americans United for Separation of Church and State, also based in Washington, said the decision recognizes that “it is wrong for public schools to ask students to affirm a religious belief in order to express their patriotism.”

Dr. Newdow won before the 9th Circuit court in 2002. But the Supreme Court, without ruling on the constitutional question, dismissed the Elk Grove district’s appeal of the decision in 2004, saying Dr. Newdow lacked standing to proceed because of custodial issues with his daughter’s mother. (“Pledge Stays Intact as Justices Dismiss Atheist’s Challenge,” June 23, 2004.)

When Dr. Newdow filed a second suit last January, he attempted to bolster the case by including as co-plaintiffs two other sets of parents, whose children attend school in the Elk Grove, Elverta Joint Elementary, and Rio Linda school districts.

Judge Karlton granted legal standing to those families, but said Dr. Newdow still lacked standing to proceed on behalf of his daughter. He may still represent them as a lawyer.

A version of this article appeared in the September 21, 2005 edition of Education Week as Federal Judge Strikes Down School-Led Pledge Recitations

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Equity, Care and Connection: New SEL Tools and Practices to Support Students and Adults
As school districts plan to welcome students back into buildings for the upcoming school year, this is the perfect time to take a hard look at both our practices and our systems to build a
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Classroom Technology Webinar
Here to Stay – Pandemic Lessons for EdTech in Future Development
What technology is needed in a post pandemic district? Learn how changes in education will impact development of new technologies.
Content provided by AWS
School & District Management Live Online Discussion A Seat at the Table: Strategies & Tips for Complex Decision-Making
Schools are working through the most disruptive period in the history of modern education, facing a pandemic, economic problems, social justice issues, and rapid technological change all at once. But even after the pandemic ends,

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Court Restores Officers' Immunity Over Seizure of High School Athletes in Peeping Probe
A federal appeals court ruled in the case of two campus officers involved in detaining football camp participants for hours of questioning.
4 min read
Image of cellphones.
RyanJLane/iStock/Getty
Law & Courts Appeals Court Weighs Idaho Law Barring Transgender Female Students From Girls' Sports
The three-judge federal court panel reviews a lower-court ruling that blocked the controversial statute and said it was likely unconstitutional.
4 min read
Image of a gavel.
Marilyn Nieves/E+
Law & Courts Federal Appeals Court Backs Socioeconomic-Based Admissions Plan for Boston 'Exam Schools'
The court denies an injunction to block the plan for next year and says considering family income in admissions is likely constitutional.
3 min read
Image shows lady justice standing before an open law book and gavel.
iStock/Getty Images Plus
Law & Courts U.S. Supreme Court Wary About Extending School Authority Over Student Internet Speech
In arguments, the justices looked for a narrow way to decide a case about the discipline of a cheerleader over a profane Snapchat message.
7 min read
Members of the Supreme Court pose for a group photo at the Supreme Court in Washington on April 23, 2021.
Members of the U.S. Supreme Court pose for a group photo at the court on April 23. The justices heard arguments Wednesday in a major case on student speech.
Erin Schaff/The New York Times via AP