Emory University News Release

Release date: March 9, 2004
Contact: Elaine Justice, Associate Director, University Media Relations,
at 404-727-0643 or ejustic@emory.edu

'Pledge Of Allegiance' Case Tests Limits, Says Emory's Perry

Two interesting possibilities could result in the latest round of church-state battles when the U.S. Supreme Court hears arguments this month in the so-called "Pledge of Allegiance" case, says Emory University constitutional law expert Michael Perry.

During arguments in Elk Grove Unified School District v. Newdow, scheduled March 24, the court will be asked to decide whether the Pledge of Allegiance, which millions of the nation's students recite to begin the day, can include the phrase "under God."

First, the court could interpret the phrase "under God" to be ceremonial only, and not directly referring to any specific god. This fallback to what Perry calls "a ceremonial deism" would be "flat-out false," he says, noting that insertion of "under God" into the Pledge in 1954 was a movement by those who wanted to make clear that the United States is a religious nation.

"After Sept. 11 especially, when there was such an outpouring of public mentions of God, to say that the reference to 'God' in the pledge is a mere formality would be insulting," he observes.

The other option, says Perry, would be for the court to strike for middle ground: The justices could recognize that references to a supreme being are OK, as long as that being is not associated with any particular faith. "I don't know how you say 'in God we trust,' or 'God save this honorable court' and mean what you're saying without saying that God exists."

The dividing line, he suggests, is any reference to the god of a specific faith: "For instance, 'in Jesus we trust' would never fly."

But are all references to religion out of bounds? "Do we read the Constitution to say that the government may never affirm any religious expression whatsoever?" Perry asks. "This case forces the court to ask how broadly we understand the non-establishment ideal. Most would probably agree that a middle ground is the best way to go."

Contact Perry at 404-712-2086 or mperry@law.emory.edu.