'Under God' at issue again (OneNewsNow.com)

'Under God' at issue again (OneNewsNow.com)

'Under God' at issue again

Charlie Butts and Bob Kellogg - OneNewsNow - 2/16/2012 3:45:00 AM

Another lawsuit is challenging the constitutionality of the Pledge of Allegiance in schools. But a different approach is being taken this time, as a clause in the Massachusetts Constitution -- not the federal Establishment Clause -- is being cited.

The case is brought by an Acton atheist family that objects the mention of God in the pledge. The American Humanist Association (AHA) is representing the "Does" in their effort to completely bar the recitation of the Pledge of Allegiance in Massachusetts schools because of the phrase "under God." They argue that the state constitution's equal rights amendment supports their request because the pledge is discriminatory toward them.

But Brian Camenker of MassResistance says the constitution does not protect atheists in that manner.

"It's a very religious document written by John Adams in [1780], and so to try to claim that the [Massachusetts] Constitution protects atheism is absurd," he contends.

And if the phrase "under God" is unconstitutional, Mat Staver of Liberty Counsel reasons that the use of God's name on currency or anywhere else would also be unconstitutional.

"I believe that this is one of these frivolous lawsuits destined for ultimate dismissal," he suggests. "But we can't take them lightly because they chip away one little brick at a time, until ultimately, they want to have the entire house topple."

Most of the failed court challenges have been on the basis of the Establishment Clause's separation of church and state, so the MassResistance founder admits that using the state's equal rights protection is a different strategy. Because the atheists are offended by God, they claim they are marginalized.

"I clearly believe that under the federal Constitution, there's clearly no problem here," Staver offers. "I also believe the same thing for Massachusetts. But here again, since they've lost on the federal, they are now focusing on some bizarre interpretation of the state. And who knows if they get an activist state court judge could ultimately find in favor?"

Camenker agrees that this type of lawsuit will be taken seriously, and he does not expect it to go very far. "On the face of it, it should never hold," he suggests. "These kinds of things have not gone very far in the past, but it shows just how ridiculous society has become."

Staver has repeatedly warned that atheists, agnostics, and the organizations they support will not stop their attacks until they have pushed religion, specifically Christianity, out of the public arena.

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