In June of 2002, a three panel judge in San Francisco decided by a 2-to-1 vote that the words “under God” in the Pledge of Allegiance were a violation of the separation of church and state. These words, the two judges argued, represented an “endorsement of religion” and “a profession of religious belief in monotheism.” The court ruled, public school teachers, state employees, and school children were not to recite the pledge with the words “under God.”

Last week, in order to protect the Pledge from judges whose rulings extend beyond state borders and potentially even across the nation, the House of Representatives voted to pass H.R. 2028, the Pledge Protection Act. This bill would remove the authority of the federal courts and would grant state courts the authority to decide whether the Pledge is valid. The power of Congress to limit the jurisdiction of the federal courts and the appellate jurisdiction of the Supreme Court is granted in Article III of the Constitution.

Two years ago, the court’s decision began a controversy nationwide on an issue central to our nation’s identity. In Washington, D.C., the ruling of the two California judges brought Congressional lawmakers to their feet. President Bush called the decision, “ridiculous.” Irate leaders from both sides of the aisle blasted the ruling as “outrageous,” “nuts,” “stupid,” and “the worst kind of political correctness run amok.” The Senate unanimously passed a resolution urging the decision to be reversed and Members of the House of Representatives gathered on the steps of the Capitol to recite the Pledge and sing “God Bless America.”

Shortly after the ruling, Newsweek published a poll finding that 87% of Americans supported the inclusion of the phrase “Under God” in the pledge; 84% also said they approved of references to God in schools and public places as long as no specific religion was mentioned. Nevertheless, the few, but articulate, supporters of the court argued that the United States is a secular country and therefore the words “under God” have no place in the Pledge. 

Waving U.S. flags and calling themselves one of the last groups in America facing unrestrained bigotry, a group of atheists marched on the Mall to protest what they said was increasing infringement of religion in governmental affairs. 

Staging what they called their first “Godless Americans March on Washington”, the demonstrators cheered and waved signs that expressed disapproval of religion. Their signs read: “God Is a Fairy Tale,” “Keep Your Gods Out of Our Schools” and “Al Qaeda is a Faith-Based Initiative."  According to the New York Times, Dr. Michael Newdow, the individual who brought the court case, touted his plan to “ferret out all insidious uses of religion in daily life.” “Why should I be made to feel like an outsider?” he asked. 

Dr. Newdow and the two judges in California were right on one thing: they are outsiders in America. But they are not outsiders because, as they claim, the beliefs of others are being forced upon them, but instead because they, unlike the vast majority of Americans, are attempting to create an environment where their beliefs are paramount to the beliefs of others. And in doing so, they are attempting to impose atheism as America’s official state-sponsored religion.

Like every other American, they have the right not to recite the Pledge, not to attend church, and not to engage in any other practice of which they disapprove. They do not have to condone, recognize, or even acknowledge any denomination, sect, religion, or school of thought. They do not, however, have the right to impose their atheism on the vast majority of Americans whose beliefs now and historically have defined America as a religious nation.

While some people cite the absence of religious language in the Constitution as evidence of a secular country, nothing could be further from the truth. Indeed, the concept of the separation of church and state was not borne to establish freedom from religion but to establish freedom for religion. And in keeping with the tenants our nation was founded on, this concept of separation of church and state has been spectacularly successful. Americans, in the absence of state-sponsored religion, have been not only free to believe as they wished but to create religious communities as they wished. Truly, the reason America is the most religious nation in the world is because we are the freest nation in the world.

Repeatedly and overwhelmingly, our legislative bodies, our civil leaders, our historical heritage and, most importantly, the people of the United States have affirmed the two words, “Under God”, and their entirely proper presence in a system of government defined by our Constitution. It is a small group, using select courts as willing participants, that seek to inflict their will, their beliefs, and their creed on an unwilling majority of Americans. Last week, over two years after two judges in California imposed their will upon a nation, we seek to reverse this abuse of power, and in passing the Pledge Protection Act, reaffirm that we are, indeed, one nation under God, indivisible, with liberty and justice for all.