Federal Judge Sets Stage For Pledge Case To Move To Appeals Court

Sacramento, CA — A federal judge has set the stage for an atheist and three Sacramento-area school districts to take their dispute over the Pledge of Allegiance to an appeals court.

Judge Lawrence Karlton says he will stay an injunction while the case is being appealed, meaning the districts can continue having children recite the pledge.

The parties have until the end of the month to file procedural motions, after which the case may be appealed to the Ninth US Circuit Court of Appeals.

Newdow is a Sacramento doctor and lawyer who is also an avowed atheist. He argues it is unconstitutional to recite the pledge in public schools because it contains the words “under God,” making it an illegal endorsement of religion. A previous lawsuit he filed was rejected by the U-S Supreme Court.