A federal appeals court in California stunned the country when it ruled recently that the Pledge of Allegiance is unconstitutional. The court decided that the phrase, "one nation under God," violates the Constitution's First Amendment, which prevents the government from establishing a national religion. President Bush reacted angrily, saying the court's decision was "ridiculous" and "out of step with the traditions and history of America."

AN ANGRY PARENT PROTESTS

The uproar over the Pledge of Allegiance began when Michael Newdow, an atheist (someone who does not believe in the existence of God), sued the California school district where his daughter attends elementary school. Newdow claimed that the school violated the 8-year-old's constitutional rights by forcing her to "watch and listen" as the teacher led the class in proclaiming that America is "one nation under God." According to Newdow, the pledge presents "a religious idea that certain people don't agree with."

THE LEGAL BATTLE HEATS UP

A federal judge dismissed the original lawsuit, but Newdow appealed to a higher court. A three-judge panel agreed with the plaintiff and issued a ban on reciting the Pledge of Allegiance. The appeals court ruled that the phrase "under God" violates the Establishment Clause of the First Amendment, which guarantees that the government will remain neutral in religious matters. Writing for the court, Judge Alfred Goodwin said that the words "under God" are just as illegal as saying "we are a nation under Jesus."

After announcing his decision, Judge Goodwin put a hold on the ban until the full Court of Appeals hears the case. Most observers believe that the ruling will be overturned. Critics claim that the judges ignored several Supreme Court decisions that distinguished between religious exercises in school- which are not constitutional- and patriotic exercises with religious references, such as singing "God Bless America"- which are constitutional.

THE JEWISH COMMUNITY & THE FIRST AMENDMENT

Whatever the outcome of the Newdow case, the separation between religion and state is extremely important to the American Jewish community. Jewish history records numerous examples of persecution directed at our ancestors when they lived as small minorities in countries with official religions. Many modern Jewish organizations, such as the Anti-Defamation League (ADL), vigorously defend the First Amendment. Though the ADL opposes the ban on the Pledge of Allegiance, it has warned, "that blatant violations of church-state separation continue to take place in our public schools." For example, Jewish children in Alabama were recently harassed after complaining that the local school promoted Christian beliefs.

IS "UNDER GOD" GOOD FOR US ALL?

Other groups in the Jewish community argue that the First Amendment was meant to prohibit the government from favoring one religion over another, not to eliminate religion from American society. They also insist that while Judaism does not require all people to be Jews, Jewish tradition considers the belief in one God to be a universal law. Therefore, the phrase, "one nation under God" is desirable. Reciting it will lead to yirat Elokim- a greater awareness and awe of God, which promotes moral and ethical behavior, and brings the world closer to the ideal promised by Zechariah, "On that day God will be One and God's name One."

WHAT DO YOU THINK?

Does the Pledge of Allegiance violate the spirit of religious liberty in America?