Legal Case Summary

Newdow v. John Carey


Date Argued: Tue Dec 04 2007
Case Number: 05-17257
Docket Number: 7853469
Judges:Nelson, Reinhardt, Bea
Duration: 59 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Newdow v. John Carey (Docket No. 7853469)** **Court:** U.S. District Court **Filed:** 2000 **Parties:** - Plaintiff: Michael Newdow - Defendant: John Carey (Secretary of the U.S. Department of Education) **Background:** Michael Newdow, an atheist and a parent, filed a lawsuit challenging the constitutionality of the phrase "under God" in the Pledge of Allegiance as recited in public schools. Newdow argued that the inclusion of "under God" violated the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion or unduly favoring one religion over another. He contended that the recitation of the Pledge in public schools coerces students, including his daughter, into participating in a religious practice against their beliefs. **Legal Issues:** The central legal issues in this case included: 1. Whether Newdow had standing to sue on behalf of his daughter, given his custody situation. 2. Whether the phrase "under God" in the Pledge of Allegiance constitutes an endorsement of religion, thereby violating the Establishment Clause. 3. The implications of the Pledge's recitation in public schools on children who may hold different beliefs. **Court’s Decision:** The U.S. District Court ultimately ruled that Newdow did have standing to bring the case, and the court examined the historical context of the Pledge. The court acknowledged that the phrase "under God" was added in the 1950s and debated whether its inclusion was merely ceremonial or if it imposed a religious belief on students. **Outcome:** In 2002, the Ninth Circuit Court of Appeals ruled in favor of Newdow, declaring that the recitation of the Pledge of Allegiance in public schools, as currently phrased, was unconstitutional. However, this decision was met with significant public and political backlash. The case was eventually appealed to the Supreme Court of the United States. In 2004, the Supreme Court dismissed the case on procedural grounds, ruling that Newdow did not have standing to sue due to his lack of legal custody over his daughter. Therefore, the issue of the constitutionality of the Pledge remained unresolved at the Supreme Court level. **Significance:** The Newdow v. Carey case raised important questions about the intersection of religion, government, and education in the United States. It highlighted ongoing debates over the separation of church and state, the role of religion in public life, and the rights of parents to determine what is appropriate for their children in educational settings. The case also underscored the complexities involved when personal beliefs conflict with established national traditions.

Newdow v. John Carey


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