Tuesday, 17 September 2013 10:26

Federal Judge Dismisses Atheists' Lawsuit Against “In God We Trust”

Written by 

A federal judge in New York State has dismissed a lawsuit filed by a group of atheists demanding that “In God We Trust” be removed from the America's currency. In his September 9 decision, Judge Harold Baer, Jr. ruled that the presence of the national motto on coins and paper money had not created a “substantial burden” on the atheists and humanists involved in the suit, who included members of the New York City Atheists and the Freedom From Religion Foundation.

“While Plaintiffs may be inconvenienced or offended by the appearance of the motto on currency,” wrote Baer, “these burdens are a far cry from the coercion, penalty, or denial of benefits required under the 'substantial burden' standard.”

The case, Newdow, et al., v. U.S. Treasury, was initiated by atheist Rosalyn Newdow, whose son Michael filed a high-profile 2002 lawsuit against the federal government charging that the phrase “under God” in the Pledge of Allegiance was a violation of the First Amendment's supposed “separation of church and state,” and injurious to his atheist daughter, who was exposed to the religious wording during the Pledge's regular recital at her school. The case dragged on for two years before the U.S. Supreme Court dismissed it in 2004 on procedural grounds.

Atheists have complained about the existence of “In God We Trust” on currency since it was added in 1955, a year after President Eisenhower signed legislation adding the phrase “under God” to the Pledge. 

Baer noted that in the federal judiciary's extensive history of hearing cases on the constitutionality of the national motto, judges have considered whether its presence on currency tends to advance religion and whether it represents a excessive government entanglement with religion. “The Supreme Court has repeatedly assumed the motto's secular purpose and effect, and all circuit courts that have considered this issue — namely the Ninth, Fifth, Tenth, and D.C. Circuit — have found no constitutional violation in the motto's inclusion on currency,” Baer wrote. He added that every circuit court “that has considered the issue found no Establishment Clause violation in the motto's placement on currency, finding ceremonial or secular purposes and no religious effect or endorsement.”

The American Center for Law and Justice (ACLJ) provided an amicus brief in the case in defense of the national motto, pointing out that the wording “simply echoes the principle found in the Declaration of Independence that our freedoms come from God and not the state. The national motto was adopted for the express purpose of reaffirming America's unique understanding of this truth.... The Establishment Clause was never intended as a guarantee that a person will not be exposed to religion or religious symbols on public property, and the Supreme Court has rejected previous attempts to eradicate all symbols of this country's religious heritage from the public's view.”

Jay Sekulow, the ACLJ's chief counsel, called Baer's ruling “welcomed and well-reasoned. Time after time, flawed legal challenges like this one are brought by atheists. And time after time, the courts soundly reject their attempts to change the historical and cultural landscape of America. In our amicus brief on behalf of members of Congress and nearly 90,000 Americans, we argued that the national motto poses no constitutional violations and must be dismissed. We’re extremely pleased that the court did just that.”

5 comments

  • Comment Link Mats Jangdal Friday, 20 September 2013 06:34 posted by Mats Jangdal

    How about the last sentence in the 6th amendment?
    "but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States"
    Is it not a test of religion to swear in by a promise to God?

  • Comment Link Frank Thursday, 19 September 2013 13:21 posted by Frank

    It is the way it is. Leave it alone. Keep cutting away and before you know it, won't be anything left to cut.

  • Comment Link Mats Jangdal Wednesday, 18 September 2013 02:13 posted by Mats Jangdal

    Obviously the courts have been wrong on this issue, as was prez Ike, the witness.
    The founding fathers were of various beliefs. http://en.wikipedia.org/wiki/Founding_Fathers_of_the_United_States#Religion
    Consequently they opted for a secular constitution regarding the governing of the nation, but with safeguards for private worship. The reference to "his creator" is not clear enough to rule god as the "endower".
    If, when, a majority of americans cling to islam, which god will be considered the supreme being?

    Also, when taking an oath to tell the truth, if an atheist swears on the bible and concludes with the words "so help me god". That is a lie right from the start, isn't it? A dilemma the god state offers no truthful way out from.

    Conservatives will be more successful in managing politics if they leave god out of the equation. Adhering to the secular state.

  • Comment Link rprew Tuesday, 17 September 2013 13:56 posted by rprew

    Whoops! Hit submit a bit early! Sorry about that.

    God says: Thou shalt not kill. Yet we have murdered millions of the unborn and send drones to kill those who are no direct threat to our nation.
    God says: Thou shalt not commit adultery. And yet adultery and fornication are practically the norm.
    God says: Thou shalt not steal. And yet a myriad of socialist schemes are robbing the American taxpayer and giving the booty to other nations, to terrorist groups, and in other wise squandering and redistributing wealth.
    God says: Thou shalt not bear false witness against thy neighbor. And yet we see what is done by the NSA, the IRS, and dozens of other federal agencies building cases against perceived "domestic terrorists".

    There are many individual Americans who truly DO trust in God, and they truly do hold dear the motto "In God We Trust". But for us as a nation, it couldn't be further from the truth.

  • Comment Link rprew Tuesday, 17 September 2013 13:47 posted by rprew

    Personally, I thing the phrase "In God We Trust" should be removed from our currency. Why? Because, on a national level, it is a BALD FACED LIE!
    God says: Thou shalt have no other gods before me. And yet on a national level God has been excluded and we bow before money, pleasure, sports, and entertainment.
    God says: Thou shalt not take the name of the Lord thy God in vain; And yet we live in an incredibly foul-mouthed and profane society.
    God says: Honor thy father and thy mother. And yet we are a society of broken families or otherwise dysfunctional families.

Please Log In To Comment
Log in