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Case Against 'Under God' Heads to Top Mass. Court

They will be 'making new law' in Pledge case, plaintiffs say
By Kevin Spak,  Newser Staff
Posted Oct 31, 2012 10:07 AM CDT

(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.

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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." (Read more Pledge of Allegiance stories.)

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