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'In God We Trust' suit rejected by Supreme Court

U.S. SUPREME COURT

By , Chronicle Staff Writer

The U.S. Supreme Court turned aside a challenge to "In God We Trust" on the nation's coins and currency Monday, refusing to consider a Sacramento man's claim that the national motto is a government endorsement of religion.

Michael Newdow, an atheist, has filed numerous lawsuits against government-sponsored religious invocations, including the words "under God" that were added to the Pledge of Allegiance in 1954.

The Ninth U.S. Circuit Court of Appeals in San Francisco agreed with him in 2002 that the phrase was religiously motivated and that it sent a message to nonbelievers that they were outsiders. But the Supreme Court dismissed the suit in 2007, saying Newdow lacked standing to represent the interests of his daughter, an elementary school student, because the child's mother had custody of her.

Newdow refiled the suit on behalf of a local parent. But in a 2-1 decision in October, a different appeals court panel said "under God" was a historic, nonreligious recognition of the faith of the nation's founders in a higher power as the source of all rights. Newdow has appealed to the Supreme Court.

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In the currency case, Newdow argued that the inscription of the motto on money makes him an unwilling bearer of a religious message. He was turned down in October by the same appeals court panel that ruled against him in the pledge case.

Judge Carlos Bea wrote that the court recognized in a 1970 ruling that the motto has a "patriotic or ceremonial character" and "has no theological or ritualistic impact." The Obama administration and the conservative Pacific Justice Institute had opposed the lawsuit.

The Supreme Court denied review Monday without comment. Newdow said he was disappointed but would refile the suit elsewhere.

"A nation that holds itself out as a beacon of religious liberty chooses an exclusionary term as its national motto, and says one religious view is better than another," he said.

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The case is Newdow vs. Lefevre, 10-893.

Photo of Bob Egelko
Courts Reporter

Bob Egelko has been a reporter since June 1970. He spent 30 years with the Associated Press, covering news, politics and occasionally sports in Los Angeles, San Diego and Sacramento, and legal affairs in San Francisco from 1984 onward. He worked for the San Francisco Examiner for five months in 2000, then joined The Chronicle in November 2000.

His beat includes state and federal courts in California, the Supreme Court and the State Bar. He has a law degree from McGeorge School of Law in Sacramento and is a member of the bar. Coverage has included the passage of Proposition 13 in 1978, the appointment of Rose Bird to the state Supreme Court and her removal by the voters, the death penalty in California and the battles over gay rights and same-sex marriage.