Newdow sues U.S. Treasury over ‘In God We Trust’

WASHINGTON, D.C. — Atheist Michael Newdow, who has challenged the Pledge of Allegiance for its “under God” phrase, filed a lawsuit Nov. 18 against the U.S. Treasury department seeking to have “In God We Trust” removed from American currency.

The phrase “In God We Trust” has been the official U.S. motto since 1956.

The suit was filed with U.S. District Court for the Eastern District of California.

Jay Sekulow, chief counsel for The American Center for Law and Justice, will represent members of Congress, who have also been sued in this action.

"Our national motto, 'In God We Trust,' is not only permissible, but constitutional as well,” Sekulow said in a news release. “This lawsuit is another attempt to use the legal system to remove a legitimate reference to the religious heritage of America—in this case banning the motto of the United States.

"Litigation filed by Michael Newdow must be taken seriously, since he has now twice attempted to have the pledge declared unconstitutional."

The pledge issue, originally dismissed on a technicality, is currently in its second round after Newdow led several other parents in filing a similar suit. That case is now under appeal.

Last year, in the first pledge try, the U.S. Supreme Court dismissed the case saying Newdow, who filed the suit on behalf of his minor daughter, lacked standing to file the suit since he did not have legal custody of the child.

Sekulow is vowing to fight Newdow’s latest suit all the way to the U.S. Supreme Court.

"Mere acknowledgment of God by the government cannot be said to be 'establishment of religion,' such that it would violate the Establishment Clause of the United States Constitution," Sekulow said. "The nation's history is replete with examples of acknowledgment of religious belief in the public sector.”

Sekulow also cited the reference to a Creator and inalienable rights featured in the Declaration of Independence.

“The founders recognized that rights and liberties derive from an authority higher than government, which means that government cannot take these rights and liberties away."

Published, December 2005

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