Inconsistency in defining "religious exercise"
The dissenting justice in the 2002 ruling stated that the ruling conflicted with the Supreme Court's explicit statements that the "under God" part of the pledge of allegiance was merely a ceremonial reference to history and was not a religious faith. Justice brief at 1.
However, the 1954 House Report of the legislators who inserted the "under God" phrase into the pledge of allegiance said that the "under God" phrase was to "acknowledge the dependence of our people and our Government upon the moral directions of the Creator." 154 U.S.C.A.A.N 2339, 2340.
The plaintiff, Michael Newdow, was an atheist who said that he was offended by the phrase "In God we trust" on the coins in his pocket. He felt that "In God we trust" was a state sponsored statement of religious faith which was illegal under the separation of church and state. [1]
But when Mr. Newdow read up on the court cases, he thought he might have a problem showing that he was injured by merely having the statement "In God we trust" on the coins in his pocket. He thought he might have a better argument for injury if he said "I have a right to bring up my daughter without God being imposed into her life by her schoolteachers." CNN phone interview.
Some of the judges in the 2002 ruling agreed that Mr. Newdow had a "right to direct the religious education of his daughter" even though they knew he was an atheist. Justice brief at 3.
Mr. Newdow explained his view of "religious exercise" this way. He said that he didn't think the Christians would be very glad if the atheists were in the majority and if the atheists inserted into the pledge of allegiance the phrase "one nation under NO God." CNN phone interview.
Summary of pattern
The atheist plaintiff in the 2002 ruling appears to be in the position of claiming that a reference to God is meaningful, and hence the court should recognize the religious bias in the reference to God.
Meanwhile, the religious defenders of the reference to God appear to be in the position of claiming that the reference to God is religiously meaningless, and merely a ceremonial reference to history.
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