IS AMERICA A NATION “UNDER GOD”?

By Michael J. McManus

“God save the United States and this honorable court.”With that prayer, the U.S. Supreme Court convened to hear Dr. Michael Newdow—an atheist, physician, and lawyer—argue that his daughter should not be asked to recite “one nation under God” in the Pledge of Allegiance.

Newdow claimed the phrase “promotes a religious belief that God exists”—which he disagrees with.“Every school morning my child is asked to stand up, face that flag, put her hand over her heart, and say her father is wrong.”

Justice Sandra Day O’Connor reminded him: “She does have a right not to participate.”Newdow cited Lee v. Weisman, saying she is “clearly coerced to participate.”O’Connor countered: “That was a prayer.”Newdow replied: “Well, I’m not sure this isn’t a prayer.” He noted President Bush described the Pledge as participation “in an important American tradition of humbly seeking the wisdom and blessing…”

Solicitor General Theodore Olson argued the phrase is “an acknowledgment of the religious basis of the framers… who believed… that the right to vest power in the people came as a result of religious principles.”As the Declaration affirms: “All men are created equal, that they are endowed by their Creator with certain unalienable rights.”George Washington wrote to his army: “The fate of unborn millions will now depend, under God, on the courage and conduct of this army.”Lincoln declared at Gettysburg: “that this Nation, under God, shall have a new birth of freedom.”Our national motto: “In God we trust.”

Justice Ruth Bader Ginsburg noted the phrase is “two words sandwiched in the middle”—and children need not say them.Justice David Souter argued it’s “so tepid, so diluted… far from a compulsory prayer… beneath the constitutional radar.”Newdow insisted: “For the government to decide for you this is inconsequential is an arrogant pretension.”

Chief Justice Rehnquist asked about the 1954 Congressional vote to add “under God.”“It was apparently unanimous.”“Well, that doesn’t sound divisive.”“That’s only because no atheist can get elected to public office!”—prompting laughter and applause (and infuriating Rehnquist).

Legally, Newdow is on shaky ground: California courts have granted custody and educational decision-making rights to his daughter’s mother—who and her daughter—do not object to the Pledge.

An AP poll found 90% of Americans favor retaining the phrase.

Prediction: The Court will uphold it.

Copyright © 2004 Michael J. McManus