Case Against 'Under God' Heads to Top Mass. Court
They will be 'making new law' in Pledge case, plaintiffs say
By Kevin Spak, Newser User
Posted Oct 31, 2012 10:07 AM CDT
Students at Kostoryz Elementary School recite the pledge of allegiance in Corpus Christi, Texas, in this file photo.   (AP Photo/Corpus Christi Caller-Times, Rachel Denny Clow)

(Newser) – The Massachusetts Supreme Court has agreed to hear what could be a landmark case against the Pledge of Allegiance. A family of secular humanists are arguing that the phrase "under God" in the pledge violates the state's constitutional ban on religious discrimination, the Religion News Service explains. A lower court has ruled that the phrase wasn't discriminatory because it didn't hold one religion over another, but the court has agreed to consider the argument.

Of course, the brouhaha over the "under God" phrase is a longstanding one. The US Supreme Court shot down a challenge to it in 2004, saying it didn't violate the separation of church and state. This case is taking a different angle, challenging it under Massachusetts' state constitution. "There is very little case law that precedes this," a representative for the plaintiffs says. "The court will be making new law when it issues its decision."

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Showing 3 of 154 comments
usorthem3
Nov 1, 2012 4:50 AM CDT
How about the USA just taking away to part that was added in 1954? The Pledge stood fine for 60+ years until the Knoghts of Columbus(Catholic church) forced it's change. The orginal pledge written by Francis Bellamy, who was a Baptist pastor did NOT include the words "under god" which is why I have never added it when reciting it.
SPHeroid
Oct 31, 2012 10:56 PM CDT
Good; I hope they win the case..... Next, let's get "In God We Trust" off our currency.....
iq145
Oct 31, 2012 9:58 PM CDT
Oh of course... We don't want to ask newcomers to accept our way or to adjust to the American way of life when THEY CHOOSE TO COME LIVE HERE!