Reversal Is Sought on Pledge Ruling

The Elk Grove Unified School District filed a petition Monday in an attempt to overturn the appellate court ruling that potentially outlaws the use of the words “one nation under God” in the Pledge of Allegiance.

The school officials are trying to reverse a ruling by the 9th U.S. Circuit Court of Appeals that incited a political brouhaha.

In filing the petition, the school district essentially asked the three-judge panel to reconsider its decision or to have the case reheard by an 11-judge panel.

“We’re asking them to reverse the decision ... because we don’t feel the use of the words, ‘under God,’ constitutes pushing religion,” said David Gordon, superintendent of the 52,000-student district south of Sacramento.

The controversial 2-1 ruling, issued in June, declared that the Pledge of Allegiance violated the U.S. Constitution because the phrase “under God” endorsed religion. The ruling was stayed and has had no immediate practical effect. If allowed to stand, it would mean that public school children in nine western states would be barred from reciting the pledge with the disputed words.

Gordon pointed out that no child in the Elk Grove district is forced to participate in the recitation of the Pledge of Allegiance. Gordon said he was “quite shocked” by the court ruling and “obviously, we’re hoping to have this resolved as quickly as possible.”

Politicians, including Gov. Gray Davis and President Bush, blasted the ruling of the San Francisco-based court. Late-night comedians went wild. “Tonight Show” host Jay Leno, for instance, announced that he was going to open the show with the Pledge of Allegiance, “but I don’t want to go to jail.”

The case was brought by Michael Newdow, an atheist who was upset about teacher-led recitations in a class attended by Newdow’s 8-year-old daughter. Newdow filed on behalf of his daughter. Newdow, 49, was unavailable for comment.