Federal Court: “Under God” is Constitutional in Texas Pledge

Oct 14, 2010
Topic: Elections , Update

DALLAS, Texas, October 14, 2010 – The Fifth Circuit Court of Appeals just issued its decision in Croft v. Perry, upholding the dismissal of the lawsuit attempting to strike down the words “under God” in the Texas Pledge of Allegiance.  Liberty Institute, representing The American Legion Department of Texas, argued alongside Texas Solicitor General James Ho before the Fifth Circuit Court to keep “under God” in the Texas Pledge of Allegiance.

“We applaud the Fifth Circuit Court of Appeals for upholding the constitutionality of  the phrase ‘under God’ in our pledge of allegiance, which has received overwhelming support from courts at every level, including the U.S. Supreme Court,” said Jeff Mateer, general counsel for Liberty Institute, who argued the case alongside Solicitor General Ho.  “We have a responsibility as Texans and Americans to respect and appreciate our veterans by teaching citizens of this great land what it means to be patriotic, and that means keeping ‘under God’ in the Texas Pledge.”

David and Shannon Croft, the plaintiffs, an atheist couple from Carrolton, Texas claimed that the words “under God” in the Texas Pledge violated the Establishment Clause of the U.S. Constitution.  In 2009, the district court ruled that the pledge containing those words was constitutional, just as the same words are constitutional in the U.S. Pledge of Allegiance.  The couple also unsuccessfully sued the State of Texas in an attempt to strike down Texas’ Moment of Silence Statute, an observation in public school classrooms during which time students can reflect, meditate, or pray. 

Click here to see the full release.  Click here to read the court’s decision.  TexasPledgeVictoryOpinion

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