In front of an unusually vocal audience, the U. S. Supreme Court on March 24 listened to arguments on the constitutionality of two words in the Pledge of Allegiance. Last year a federal appeals court ruled having "classroom recitation of ‘one nation UNDER GOD’ amounted to the government’s unconstitutional endorsement of religion ... even though it allowed unwilling students to refrain ..."

Lawyers for the Elk Grove Unified School District in California appealed that decision, bringing supporters for both sides to Washington, D. C. to be heard by the high court.

Atheist Michael Newdow brought the original lawsuit on behalf of his daughter. He is an emergency room physician with legal training but no courtroom experience. In a break with tradition, he chose to personally present his own case to the eight justices. (Judge Antonin Scalia "recused" himself – did not participate to avoid a conflict of interest -- at Newdow’s request because he had made public statements critical of the California court’s opinion.)

In his arguments, Newdow said the Constitution bars public schools from forcing children into pledging a belief in God. When the school board tells his daughter to promise loyalty to "one nation under God," they are saying "her father is wrong."

He also stated, "To someone with no religious beliefs, ‘under God’ is as unacceptable as ‘under Jesus’ would be for a non-Christian" and " ... The government is supposed to stay out of religion ..."

U. S. Solicitor General Theodore Olson, speaking in support of Elk Grove, said reciting the pledge is not a religious but a "ceremonial, patriotic exercise." The reference to God is " ... "recognition of the historical role belief in a supreme being has played in the country."

Olson also argued the phrase is just "acknowledgment of the religious basis of the framers of the Constitution who believed ... (that) the right to vest power in the people to create government came as a result of religious principles."

Some other examples: from the Declaration of Independence– "All men are created equal (and) ... are endowed by their Creator with certain unalienable rights ..."; a letter from George Washington to the Continental Army–"The fate of unborn millions will now depend, under God, on the courage and conduct of this army ... "; Abraham Lincoln in the Gettysburg Address–" ... that this Nation, under God, shall have a new birth of freedom ..."

Several justices brought up "In God We Trust" appearing on our currency and the patriotic song "God Bless America." Justice O’Connor pointed out that the Court begins each session with a marshal saying, "God bless the United States and this honorable court."

A legal procedure question must be decided by the Court before it can rule on the constitutionality of the Pledge. Supporters claim Newdow doesn’t have the "proper legal footing to bring his case." He was never married to the child’s mother who has legal custody and the right to make decisions about her daughter’s education. She is a Christian and favors keeping the Pledge as is. The high court could rule that Newdow didn’t have standing to bring suit in the first place. Announcement of their decision is expected by July.