The U.S. 9th Circuit Court of Appeals on Friday reaffirmed its controversial ruling that reciting the words "under God" in the Pledge of Allegiance in public schools violates the U.S. Constitution. It gave schools in California and eight other Western states -- with 9.6 million students -- until March 10 to stop the practice.
The decision, which rejected pleas from California school districts and the Bush administration, sets up a likely confrontation before the U.S. Supreme Court later this year. The appeals court or the high court could order a stay of the ruling, but unless one of them does, the decision automatically will take effect.
The Elk Grove school district, covering the Sacramento suburb where the legal case began, said it plans to immediately suspend recitation of the pledge to comply with the court's ruling, which reiterated that the words "under God" constitute a government endorsement of religion when used in a public school setting.
Supt. David W. Gordon said the district was "very disappointed" and plans to ask for a stay and for review by the Supreme Court.
He said the pledge would not be recited without the words "under God" because "we want our kids to say the pledge as it is."
The 9th Circuit's action was immediately decried by Gov. Gray Davis, U.S. Atty. Gen. John Ashcroft and Senate Judiciary Committee Chairman Orrin G. Hatch (R-Utah), among others, but praised by organizations favoring the separation of church and state and by some constitutional scholars.
"The Justice Department will spare no effort to preserve the rights of all our citizens to pledge allegiance to the American flag," Ashcroft said.
Hatch called the decision outrageous and predicted that the Supreme Court would take the case because the U.S. 7th Circuit Court of Appeals in Chicago had issued a contrary ruling. The Supreme Court has never considered the precise issue raised by this case.
Barry Lynn, executive director of Americans United for Separation of Church and State, countered that "there is no question that when you turn a political affirmation into a religious creed statement, you have violated the Constitution."
In June, the 9th Circuit ruled the pledge unconstitutional by a 2-1 vote, a decision assailed by President Bush and condemned by the U.S. Senate in a 99-0 vote the day it was issued.
The decision was stayed pending the possibility of review by a larger panel of judges.
