The Constitutionality of Including the Phrase "Under God" in the Pledge of Allegiance

RS21250 -- The Constitutionality of Including the Phrase "Under God" in the Pledge of Allegiance

Updated July 20, 2006

Summary

On June 26, 2002, a three-judge panel of the Ninth Circuit had held that the 1954 federal statute that added the words "under God" to the Pledge of Allegiance violates the Establishment Clause of the First Amendment. The panel also held that a California school district policy requiring teachers to lead willing school children in reciting the Pledge each school day violates the Establishment Clause. A modification issued on February 28, 2003, eliminated the holding regarding the federal statute but retained the ruling holding that the California statute coerces children into participating in a religious exercise. On June 14, 2004, the Supreme Court reversed the Ninth Circuit's decision, finding that Newdow lacked standing to challenge the school district's policy in federal court. This report summarizes the case and congressional action in response to it (H.R. 2389, which passed the House on July 19, 2006, and S. 1046).