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June 14, 2004
Union
of Orthodox Jewish Congregations
Welcomes Supreme Court Decision
Reversing Ruling Against Pledge of
Allegiance’s Inclusion of “God
The Union of
Orthodox Jewish Congregations welcomed this morning’s ruling by
the U.S. Supreme Court reversing a California federal court’s
declaration that the inclusion of the phrase “under God” contained
in the Pledge of Allegiance was a violation of the Establishment
Clause of the U.S. Constitution.
The eight justices participating in the case unanimously agreed
that the plaintiff, Michael Newdow, lacked “standing,” the legal
right, to bring the case on behalf of his daughter due to his lack
of custody for his daughter resulting from his divorce from the
girl’s mother. Chief Justice Rhenquist and Justices O’Connor and
Thomas wrote separate opinions also stating, each for different
reasons, that they each believe the phrase “under God” is
constitutional and does not constitute an “establishment” of
religion.
The UOJCA had joined other Orthodox Jewish groups in filing a
“friend of the court” brief in the case in support of the
inclusion of the phrase in the Pledge.
Nathan J. Diament, the UOJCA’s director of public policy, issued
the following statement:
The Union of Orthodox Jewish Congregations welcomes today’s ruling
by the Supreme Court. While the basis of the Court’s opinion was
more procedural than substantive, and while we agree with some of
the substantive arguments articulated by the concurring Justices,
the result is the same – that the phrase “under God” may remain in
the Pledge.
Most importantly, this result is in keeping with a critical
consensus in America – for the appropriate role of religion in our
public square and against those who drive religion from the public
square in the name of secularism. This consensus was reflected in
the overwhelming votes in Congress which denunciated the lower
court’s ruling against the Pledge, and continues to be reflected
in the civil and serious debate in the current presidential
election campaign and elsewhere seeking to find the right role and
balance for religion in America’s public life.
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