One nation, under controversy

Courts, Congress, Citizens Battle Over Reference To God In The Pledge Of Allegiance

William Donohue was not in a good mood.

The acerbic leader of the New York-based Catholic League for Religious and Civil Rights had just learned that a federal appeals court in California had decided to leave in place an earlier opinion striking down the recitation of the Pledge of Allegiance in public schools - and he was furious.

Unleashing a torrent of blind, nearly hysterical rage, Donohue in a press statement compared the federal judges who said the Pledge violates church-state separation because of its reference to God to Iraqi tyrant Saddam Hussein and called for their prompt impeachment.

"Iraq's problem is tyranny of the minority," Donohue blustered in a Feb. 28 press statement. "Ironically, that's our problem as well. But the Iraqi people at least stand to be liberated and have their tyrant deposed. We need to do the same with ours, albeit with different means: impeachment proceedings against ... the federal judges who made this decision should commence as soon as possible."

But Donohue did not stop there. He also urged public school teachers in the nine western states covered by the 9th Circuit - Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington - to "break the law: they should instruct their students on the meaning of civil disobedience and then practice it."

Donohue's tirade was sparked by a decision issued in late February by the entire 9th U.S. Circuit Court of Appeals to affirm its ruling in Newdow v. U.S. Congress. Attorney General John Ashcroft and other officials had asked the full 9th Circuit to overturn an appellate panel's ruling, which concluded that the Pledge's "under God" language made reciting it in public schools unconstitutional. Although nine of the 9th Circuit's judges voted to re-hear the Newdow ruling, the remainder of the 24-member circuit voted to stand by the decision.

Donohue wasn't the only Religious Right leader worked up over the ruling. The appeals court placed its ruling on hold to allow time for an appeal to the Supreme Court, but that stay has only given opponents of the ruling more time to mount a loud, boorish campaign against federal judges and the constitutional principle of church-state separation.

The Mississippi-based American Family Association (AFA), led by Christian fundamentalist Don Wildmon, sent out an "Action Alert!" to supporters throughout the nation claiming it had garnered "more than 1,000,000 signatures" on a petition urging Congress to start the process of amending the Constitution to ensure God references in the Pledge and the nation's motto - "In God We Trust" - are protected from legal challenges, such as the one in Newdow.

Dr. James Dobson, founder of the sprawling religious broadcasting empire, Focus on the Family, issued a statement deploring the Pledge ruling.

"This abominable ruling by an imperious court is a slap in the face to all Americans and people of faith," Dobson said.

As it is for other Religious Right lobbyists, the 9th Circuit's Pledge ruling proved to be fertile ground for fundraising. Only days after the court affirmed its ruling, the American Center for Law and Justice (ACLJ), televangelist Pat Robertson's legal group, sent letters to its members asking for large contributions to help it combat the court's "absurd ruling." The letter,-signed by ACLJ's Chief Counsel Jay Sekulow, warned its members that the ruling threatens the "constitutional freedoms of our children" and then blamed the entire situation on public interest groups, such as Americans United.

"Americans United for Separation of Church and State and other organizations may not stop until the VERY MENTION OF GOD in public places becomes illegal!" declared ACLJ's fundraising call.

Americans United did issue a press statement following the 9th Circuit ruling, albeit without any calls for muzzling public discussions of God. Barry W. Lynn, AU's executive director, said the group's main concern is ensuring that the government respects freedom of conscience.

"The government should not link religion and patriotism," Lynn commented. "An individual can express love of country regardless of his or her religious or philosophical outlook."

The pressure from the Religious Right has quickly struck a nerve with sympathetic lawmakers.

Both chambers of Congress have passed resolutions condemning Newdow and urging the Bush administration to fight the ruling. Top congressional leaders and right-wing pundits have called for limiting the kinds of issues federal courts can rule on, and several lawmakers have called for amending the Constitution.

In early March, House Majority Leader Tom DeLay (R-Texas) told The Washington Times that the Constitution gives Congress the power to limit the reach of federal courts and that's exactly what Congress should now do.

"I think that would be a very good idea to send a message to the judiciary they ought to keep their hands off the Pledge of Allegiance," DeLay said.