Law & Courts

Federal Judge Strikes Down School-Led Pledge Recitations

By Catherine Gewertz — September 20, 2005 3 min read
  • Save to favorites
  • Print

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
Artificial Intelligence Webinar
AI in Schools: What 1,000 Districts Reveal About Readiness and Risk
Move beyond “ban vs. embrace” with real-world AI data and practical guidance for a balanced, responsible district policy.
Content provided by Securly
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
Recruitment & Retention Webinar
K-12 Lens 2026: What New Staffing Data Reveals About District Operations
Explore national survey findings and hear how districts are navigating staffing changes that affect daily operations, workload, and planning.
Content provided by Frontline Education
Education Funding Webinar Congress Approved Next Year’s Federal School Funding. What’s Next?
Congress passed the budget, but uncertainty remains. Experts explain what districts should expect from federal education policy next.

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 Appeals Court Revives Lawsuit Over 1st Grader’s Black Lives Matter Drawing
A court revived a 1st grader 's claim she was punished for giving a drawing to a Black classmate.
4 min read
Seen is the drawing made by Viejo Elementary School first-grader B.B. that was entered into evidence. B.B. gave the drawing to her classmate, M.C., who is African American. M.C. thanked B.B.
Pictured is a drawing by a 1st grader in California and given to a Black classmate that is at the center of a First Amendment legal challenge over the student's alleged punishment.
U.S. Court of Appeals for the 9th Circuit
Law & Courts Supreme Court’s Gender Identity Ruling Leaves Schools Seeking Clarity
Advocates say they would welcome more from the Supreme Court on gender-notification policies.
7 min read
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington.
The Supreme Court is photographed, Friday, Feb. 27, 2026, in Washington. The high court recently ruled that California policies that sometimes limit or discourage schools from disclosing information to parents about children’s gender transitions and expressions at school likely violate parents’ constitutional rights
Rahmat Gul/AP
Law & Courts Supreme Court Backs Parents in School Gender Disclosure Fight
The Supreme Court restored an injunction blocking California policies on student gender transitions
8 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender at a meeting in November 2025. Two parents and two teachers from the district sued in 2023, challenging California state guidance concerning student gender transitions and parental notification. The U.S. Supreme Court has now reinstated a lower-court decision overturning those state policies.
Charlie Neuman for The San Diego Union-Tribune/TNS
Law & Courts Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP