elk grove unified school district et al newdow et argued march decided june counsel record petitioner elk grove unified school dist terence cassidy porter scott weiberg delehant sacramento ca respondent newdow michael newdow pro se sacramento ca theodore olson solicitor general washington dc petitioner school district requires elementary school class recite daily pledge allegiance respondent newdow daughter participates exercise newdow atheist filed suit alleging pledge contains words god constitutes religious indoctrination child violation establishment free exercise clauses also alleged standing sue behalf behalf daughter next friend magistrate judge concluded pledge constitutional district agreed dismissed complaint ninth circuit reversed holding newdow standing parent challenge practice interferes right direct daughter religious education school district policy violates establishment clause sandra banning child mother filed motion intervene dismiss declaring inter alia exclusive legal custody order daughter sole legal custodian felt child interest party newdow suit concluding banning sole legal custody deprive newdow noncustodial parent article iii standing object unconstitutional government action affecting child ninth circuit held california law newdow retains right expose child particular religious views even contradict mother well right seek redress alleged injury parental interests held california law deprives newdow right sue next friend lacks prudential standing challenge school district policy federal standing requirement derives constitutional prudential limits powers unelected unrepresentative judiciary allen wright prudential standing jurisprudence encompasses inter alia general prohibition litigant raising another person legal rights generally declines intervene domestic relations traditional subject state law burrus extent standing problem raised domestic relations issues case apparent banning filed motion intervene dismiss declaring family order gave sole legal custody authorized exercise legal control daughter newdow argument nevertheless retains unrestricted right inculcate daughter beliefs fails rights viewed isolation case also concerns banning rights custody orders important daughter interests upon finding center highly public debate newdow standing derives entirely relationship daughter lacks right litigate next friend interests parallel indeed potentially conflict newdow parental status defined state law customarily defers interpretations regional federal see bishop wood ninth circuit relied intermediate state appellate cases recognizing right parent whether custodial noncustodial impart child religious perspective nothing either banning school board done however impairs newdow right instruct daughter religious views instead requests ambitious relief forestalling daughter exposure religious ideas endorsed mother wields form veto power use parental status challenge influences daughter may exposed school banning disagree california cases simply stand proposition newdow right reach outside private sphere dictate others may may say child respecting religion next friend surely exercise right family order deprived newdow status pp reversed stevens delivered opinion kennedy souter ginsburg breyer joined rehnquist filed opinion concurring judgment joined thomas joined part thomas filed opinions concurring judgment scalia took part consideration decision case elk grove unified school district david gordon superintendent petitioners michael newdow et al writ certiorari appeals ninth circuit june justice stevens delivered opinion day elementary school teachers elk grove unified school district school district lead classes group recitation pledge allegiance respondent michael newdow atheist whose daughter participates daily exercise pledge contains words god views school district policy religious indoctrination child violates first amendment divided panel appeals ninth circuit agreed newdow light obvious importance decision granted certiorari review first amendment issue preliminarily question whether newdow standing invoke jurisdiction federal courts conclude newdow lacks standing therefore reverse appeals decision purpose national flag serve symbol country texas johnson proud traditions freedom equal opportunity religious tolerance good peoples share aspirations stevens dissenting history illustrates pledge allegiance evolved common public acknowledgement ideals flag symbolizes recitation patriotic exercise designed foster national unity pride principles pledge allegiance initially conceived century ago part nationwide interest commemorating anniversary christopher columbus discovery america widely circulated national magazine youth proposed pupils recite following affirmation pledge allegiance flag republic stands one nation indivisible liberty justice national flag conferences replaced phrase flag flag america midst world war ii congress adopted president signed joint resolution codifying detailed set rules customs pertaining display use flag america chapter stat section codification provided full pledge allegiance flag pledge allegiance flag america republic stands one nation indivisible liberty justice rendered standing right hand heart extending right hand palm upward toward flag words flag holding position end hand drops side however civilians always show full respect flag pledge given merely standing attention men removing headdress persons uniform shall render military salute resolution marked first appearance pledge allegiance positive law confirmed importance flag symbol nation indivisibility commitment concept liberty congress revisited pledge allegiance years later amended text add words god act june ch stat house report accompanied legislation observed rom time earliest history peoples institutions reflected traditional concept nation founded fundamental belief god resulting text pledge know today pledge allegiance flag america republic stands one nation god indivisible liberty justice ii california law every public elementary school must begin day appropriate patriotic exercises cal educ code ann west statute provides giving pledge allegiance flag america shall satisfy requirement ibid elk grove unified school district implemented state law requiring ach elementary school class recite pledge allegiance flag day consistent case law school district permits students object religious grounds abstain recitation see west virginia bd ed barnette march newdow filed suit district eastern district california congress president state california elk grove unified school district app time filing newdow daughter enrolled kindergarten elk grove unified school district participated daily recitation pledge styled mandamus action complaint explains newdow atheist ordained years ago ministry espouses religious philosophy true eternal bonds righteousness virtue stem reason rather mythology complaint seeks declaration act addition words god violated establishment free exercise clauses well injunction school district policy requiring daily recitation pledge alleges newdow standing sue behalf behalf daughter next friend case referred magistrate judge whose brief findings recommendation concluded pledge violate establishment clause district adopted recommendation dismissed complaint july app pet cert appeals reversed issued three separate decisions discussing merits newdow standing first opinion appeals unanimously held newdow standing parent challenge practice interferes right direct religious education daughter newdow congress newdow holding sustained newdow standing challenge policy school district daughter still enrolled also act congress amended pledge enactment merits dissent one judge held act school district policy violate establishment clause first amendment appeals initial opinion announced sandra banning mother newdow daughter filed motion leave intervene alternatively dismiss complaint app declared although newdow shared physical custody daughter order granted exclusive legal custody child including sole right represent daughter legal interests make decision education welfare banning stated daughter christian believes god objection either reciting hearing others recite pledge allegiance reference god banning expressed belief daughter harmed litigation permitted proceed others might incorrectly perceive child sharing father atheist views banning accordingly concluded daughter sole legal custodian child interest party newdow lawsuit september california superior entered order enjoining newdow including daughter unnamed party suing next friend order purport answer question newdow article iii standing see newdow congress newdow ii second published opinion appeals reconsidered newdow standing light banning motion noted newdow longer claimed represent daughter unanimously concluded grant sole legal custody banning deprive newdow noncustodial parent article iii standing object unconstitutional government action affecting child held california law newdow retains right expose child particular religious views even views contradict mother banning objections sole legal custodian defeat newdow right seek redress alleged injury parental interests february appeals issued order amending first opinion denying rehearing en banc newdow congress newdow iii amended opinion omitted initial opinion discussion newdow standing challenge act declined determine whether newdow entitled declaratory relief regarding constitutionality act nine judges dissented denial en banc review granted school district petition writ certiorari consider two questions whether newdow standing noncustodial parent challenge school district policy whether policy offends first amendment iii every federal case party bringing suit must establish standing prosecute action essence question standing whether litigant entitled decide merits dispute particular issues warth seldin standing requirement born partly idea intuition less rigorous explicit theory constitutional prudential limits powers unelected unrepresentative judiciary kind government allen wright quoting vander jagt cadc bork concurring command guard jealously exercise rarely power make constitutional pronouncements requires strictest adherence matters great national significance stake even cases concededly within jurisdiction article iii abide series rules avoided passing upon large part constitutional questions pressed upon us decision ashwander tva brandeis concurring always must balance heavy obligation exercise jurisdiction colorado river water conservation dist deeply rooted commitment pass questions constitutionality unless adjudication constitutional issue necessary spector motor service mclaughlin see also rescue army municipal los angeles consistent principles standing jurisprudence contains two strands article iii standing enforces constitution case controversy requirement see lujan defenders wildlife prudential standing embodies judicially limits exercise federal jurisdiction allen without limitations closely related art iii concerns essentially matters judicial courts called upon decide abstract questions wide public significance even though governmental institutions may competent address questions even though judicial intervention may unnecessary protect individual rights warth one principal areas customarily declined intervene realm domestic relations long ago observed whole subject domestic relations husband wife parent child belongs laws laws burrus see also mansell mansell omestic relations preeminently matters state law moore sims family relations traditional area state concern strong deference state law area recognized domestic relations exception divests federal courts power issue divorce alimony child custody decrees ankenbrandt richards also acknowledged might appropriate federal courts decline hear case involving elements domestic relationship even divorce alimony child custody strictly issue case presents questions state law bearing policy problems substantial public import whose importance transcends result case bar might well case federal suit filed prior effectuation divorce alimony child custody decree suit depended determination status parties quoting colorado river thus rare instances arise necessary answer substantial federal question transcends exists apart family law issue see palmore sidoti general appropriate federal courts leave delicate issues domestic relations state explained briefly extent standing problem raised domestic relations issues case apparent august banning filed motion leave intervene dismiss complaint following appeals initial decision time child custody governed february order california superior order provided banning legal custody rights responsibilities make decisions relating health education welfare daughter newdow ii order stated two parents one another substantial decisions relating child educational needs authorized banning legal parents reach agreement ibid family order controlling document time appeals standing decision appeals ruled however superior held another conference regarding child custody hearing september superior announced parents joint legal custody banning makes final decisions two disagree app newdow contends despite banning final authority retains unrestricted right inculcate daughter free governmental interference atheistic beliefs finds persuasive difficulty argument newdow rights many cases touching upon family relations viewed isolation case concerns merely newdow interest inculcating child views religion also rights child mother parent generally superior orders specifically important implicates interests young child finds center highly public debate custody propriety widespread national ritual meaning constitution interests affected persons case many respects antagonistic course legal disharmony family relations uncommon many instances disharmony poses bar adjudication proper federal questions makes case different newdow standing derives entirely relationship daughter lacks right litigate next friend marked contrast case law jus tertii see singleton wulff plurality opinion interests parent child parallel indeed potentially newdow parental status defined california domestic relations law custom questions state law ordinarily defer interpretation appeals circuit state located see bishop wood case appeals possesses greater familiarity california law concluded state law vests newdow cognizable right influence daughter religious upbringing newdow ii based ruling two intermediate state appellate cases holding custodial parent undoubtedly right make ultimate decisions concerning child religious upbringing enjoin noncustodial parent discussing religion child involving child religious activities absence showing child thereby harmed marriage murga cal app cal rptr see also marriage mentry cal app cal rptr relying murga invalidate portion restraining order barring noncustodial father engaging children religious activity discussion without custodial parent consent animated conception family privacy includes simply policy minimum state intervention also presumption parental autonomy cal app cal state cases create zone private authority within parent whether custodial noncustodial remains free impart child religious perspective nothing either banning school board done however impairs newdow right instruct daughter religious views instead newdow requests relief ambitious sought mentry murga wishes forestall daughter exposure religious ideas mother wields form veto power endorses use parental status challenge influences daughter may exposed school banning disagree california cases simply stand proposition newdow right dictate others may may say child respecting religion mentry murga concerned protecting fragile complex interpersonal bonds child parent cal app cal permitting divorced parents expose children religious experiences sound stimulant child cal citation omitted cases speak problem parent seeking reach outside private sphere restrain acts third party next friend surely exercise right superior order deprived newdow status view improper federal courts entertain claim plaintiff whose standing sue founded family law rights dispute prosecution lawsuit may adverse effect person source plaintiff claimed standing hard questions domestic relations sure affect outcome prudent course federal stay hand rather reach resolve weighty question federal constitutional law vast difference newdow right communicate child california law first amendment recognize claimed right shield daughter influences exposed school despite terms custody order conclude deprived california law right sue next friend newdow lacks prudential standing bring suit federal judgment appeals reversed ordered justice scalia took part consideration decision case elk grove unified school district david gordon superintendent petitioners michael newdow et al writ certiorari appeals ninth circuit june chief justice rehnquist justice joins justice thomas joins part concurring judgment today erects novel prudential standing principle order avoid reaching merits constitutional claim dissent ruling merits conclude elk grove unified school district school district policy requires teachers lead willing students reciting pledge allegiance includes words god violate establishment clause first amendment correctly notes standing jurisprudence contains two strands article iii standing enforces constitution case controversy requirement see lujan defenders wildlife prudential standing embodies limits exercise federal jurisdiction allen wright ante clear dispute respondent newdow hereinafter respondent satisfies requisites article iii standing curiously incorporates criticism appeals article iii standing decision justification novel prudential standing principle concludes respondent lacks prudential standing new standing principle bring suit federal past judicially clear limits exercise federal jurisdiction see warth seldin allen wright standing doctrine embraces several judicially limits exercise federal jurisdiction general prohibition litigant raising another person legal rights contrast new prudential standing principle improper federal courts entertain claim plaintiff whose standing sue founded family law rights dispute prosecution lawsuit may adverse effect person source plaintiff claimed standing ante loosely bases novel prudential standing limitation domestic relations exception jurisdiction pursuant abstention doctrine criticisms appeals construction california state law coupled prudential standing prohibition litigant raising another person legal rights first relies heavily ankenbrandt richards discussed domestic relations exception abstention doctrine ankenbrandt mother two children sued former spouse female companion behalf children alleging physical sexual abuse children lower courts declined jurisdiction based domestic relations exception diversity jurisdiction abstention younger harris reversed concluding domestic relations exception applies party seeks district issue divorce alimony child custody decree ankenbrandt held abstention inappropriate status domestic relationship ha determined matter state law event ha bearing underlying torts alleged first cites domestic relations exception support new principle relies quote ankenbrandt discussion abstention doctrine also acknowledged might appropriate federal courts decline hear case involving domestic relationship even divorce alimony child custody strictly issue ante perfunctorily hus rare instances arise necessary answer substantial federal question transcends exists apart family law issue see palmore sidoti general appropriate federal courts leave delicate issues domestic relations state courts ante conclusion follow ankenbrandt discussion domestic relations exception abstention even applicable case merits case presents substantial federal question transcends family law issue greater extent palmore domestic relations exception prudential limitation federal jurisdiction limiting construction statute defining federal diversity jurisdiction divests federal courts power issue divorce alimony child custody decrees ankenbrandt case involve diversity jurisdiction respondent ask issue divorce alimony child custody decree instead involves substantial federal question constitutionality school district conducting pledge ceremony source jurisdiction therefore domestic relations exception diversity jurisdiction forms basis denying standing respondent discussed abstention ankenbrandt first noted bstention rarely invoked federal courts unflagging obligation exercise jurisdiction given quoting colorado river water conservation dist ankenbrandt discussion abstention means supports proposition rare instances substantial federal question transcends exists apart family law issue ante federal courts decide federal issue ankenbrandt status domestic relationship determined matter state law event bearing underlying constitutional violation alleged sandra banning respondent share joint custody daughter respondent retains right expose daughter religious views state domestic affairs nothing underlying constitutional claim abstention forms basis denying respondent standing cites palmore sidoti example exceptional case substantial federal question transcends exists apart family law issue makes exercise jurisdiction appropriate ante palmore granted certiorari review child custody decision reversed state decision found effects racial prejudice resulting mother interracial marriage justify granting custody father contrary assertion alleged constitutional violation clearly involving substantial federal question transcen exis apart family law issue ante everything domestic relationship granted certiorari review judgment state divesting natural mother custody infant child emphasis added discussion today appears stayed domestic dispute palmore matter constitutionally offensive result finally seems bases new prudential standing principle part criticisms appeals construction state law coupled prudential principle prohibiting standing appeals original opinion held unanimously respondent satisfied article iii standing requirements stating respondent standing parent challenge practice interferes right direct education daughter newdow congress banning moved leave intervene appeals reexamined respondent standing determine whether parents custodial arrangement altered respondent standing newdow congress examined whether respondent assert injury fact asking whether california law noncustodial parents maintain right expose educate children individual religious views even religious views contradict custodial parent appeals unanimously concluded respondent satisfied article iii standing despite custody order retained sufficient parental rights california law citing marriage murga peterson cal app cal rptr marriage mentry cal app cal rptr contrary appeals interpretation california case law concludes respondent requests relief ambitious sought mentry murga seeks restrain act third party outside sphere ante mischaracterizes respondent alleged interest based de novo construction california law correct characterization respondent interest rests interpretation state law recognizes ante settled firm policy deferring regional courts appeals matters involve construction state law bowen massachusetts render unnecessary review decisions respect also reflect belief district courts courts appeals better schooled able interpret laws respective brockett spokane arcades internal quotation marks citation omitted contrast defer appeals interpretation california law settled policy think appeals better reading murga supra mentry supra take issue fact california law respondent retains right influence daughter religious upbringing expose views relies banning view merits case diminish respondent interest stating respondent wishes forestall daughter exposure religious ideas mother wields form veto power endorses use parental status challenge influences daughter may exposed school banning disagree ante alleged respondent recognized appeals respondent wishes enjoin school district endorsing form religion inconsistent views right expose daughter views without state placing imprimatur particular religion appeals construction california law banning veto power override respondent right challenge pledge ceremony concludes california cases stand proposition respondent right dictate others may may say child respecting religion ibid surely california case law current custody order respondent may tell banning may say child respecting religion respondent seek surely respondent name daughter party lawsuit banning wishes claim different respondent seek tell anyone may say daughter seek vindicate solely rights respondent asserts school district pledge ceremony infringes right california law expose daughter religious views intimately associated source respondent standing relationship respondent rights thereunder daughter source respondent standing instead relationship provides respondent standing clear respondent interest properly criticisms appeals article iii standing decision prudential prohibition standing provide basis denying respondent standing although may succeeded confining novel principle almost narrowly enough like proverbial excursion ticket good day doctrine prudential standing governed general principles rather ad hoc improvisations ii pledge allegiance reads pledge allegiance flag america republic stands one nation god indivisible liberty justice part overall effort codify emphasize existing rules customs pertaining display use flag america see congress enacted pledge june pub ch stat former congress amended pledge include phrase god act june ch stat amendment sponsor representative rabaut said purpose contrast country belief god soviet union embrace atheism cong rec know members congress thought purpose amendment following decision appeals case congress passed legislation made extensive findings historic role religion political development nation reaffirmed text pledge act pub stat millions people regularly recite pledge access concern legislation legislative history god might mean several different things god guided destiny example exists god authority much consideration anyone gives phrase probably varies since pledge patriotic observance focused primarily flag nation secondarily description nation phrase god pledge seems historical matter sum attitude nation leaders manifest many public observances examples patriotic invocations god official acknowledgments religion role nation history abound george washington first inauguration april stepped toward iron rail receive oath office diminutive secretary senate samuel otis squeezed president chancellor livingston raised crimson cushion bible washington put right hand bible opened psalm raise eyes toward hills whence shall help come chancellor proceeded oath solemnly swear faithfully execute office president best ability preserve protect defend constitution president responded solemnly swear repeated oath adding help god bent forward kissed bible riccards republic keep foundation american presidency pp later year encouragement washington issued first thanksgiving proclamation began whereas duty nations acknowledge problems almighty god obey grateful benefits humbly implore protection favor whereas houses congress joint committee requested recommend people day public thanksgiving prayer observed acknowledging grateful hearts many signal favors almighty god especially affording opportunity peaceably establish form government safety happiness papers george washington presidential series abbot twohig eds almost succeeding presidents issued similar thanksgiving proclamations later presidents critical times nation history likewise invoked name god abraham lincoln concluding masterful gettysburg address used phrase god rather us dedicated great task remaining us honored dead take increased devotions cause gave last full measure devotion highly resolve dead shall died vain nation god shall new birth freedom government people people people shall perish earth documents american history commager ed ed lincoln equally well known second inaugural address delivered march makes repeated references god concluding famous words malice toward none charity firmness right god gives us see right let us strive finish work bind nation wounds care shall borne battle widow orphan may achieve cherish lasting peace among nations woodrow wilson appeared congress april request declaration war germany finished words right precious peace shall fight things always carried nearest hearts democracy right submit authority voice governments rights liberties small nations universal dominion right concert free peoples shall bring peace safety nations make world last free task dedicate lives fortunes everything everything pride know day come america privileged spend blood might principles gave birth happiness peace treasured god helping president franklin delano roosevelt taking office presidency depths great depression concluded first inaugural address words dedication nation humbly ask blessing god may protect every one us may guide days come general dwight eisenhower serve two terms president concluded order day soldiers sailors airmen allied expeditionary force day allied forces successfully landed normandy beaches france words good luck let us beseech blessings almighty god upon great noble undertaking http internet materials visited june available clerk case file motto god trust first appeared country coins civil war secretary treasury salmon chase acting authority act congress passed prescribed motto appear two cent coin motto placed denominations since coins bear motto paper currency followed suit slower pace federal reserve notes inscribed decade meanwhile congress declared motto god trust act july ch stat marshal opening proclamation concludes words save honorable language goes back least far smith early indiana trials sketches reminiscences quoted warren history rev ed events strongly suggest national culture allows public recognition nation religious history character words house report accompanied insertion phrase god pledge time earliest history peoples institutions reflected traditional concept nation founded fundamental belief god giving additional support idea national anthem banner adopted congress historical revision notes last verse ends words conquer must cause motto god trust banner triumph shall wave land free home brave http pointed california law requires public elementary schools conduc appropriate patriotic exercises beginning schoolday notes giving pledge allegiance flag america shall satisfy requirements section cal educ code ann west school district complies requirement instructing ach elementary school class recite ledge llegiance lag day app students object religious grounds may abstain recitation west virginia bd ed barnette holding government may compel school students recite pledge notwithstanding voluntary nature school district policy appeals divided vote held policy violates establishment clause first amendment impermissibly coerces religious act newdow congress reach result relied primarily decision lee weisman case arose graduation ceremony public high school providence rhode island ceremony begun invocation ended benediction given local rabbi held even though attendance ceremony voluntary students objected prayers nonetheless feel coerced attend stand prayer throughout opinion referred prayer explicit religious exercise formal religious exercise notes opinion pledge allegiance evolved common public acknowledgement ideals flag symbolizes recitation patriotic exercise designed foster national unity pride principles ante believe phrase god pledge converts recital religious exercise sort described lee instead declaration belief allegiance loyalty flag republic represents phrase god sense prayer endorsement religion simple recognition fact noted time earliest history peoples institutions reflected traditional concept nation founded fundamental belief god reciting pledge listening others recite patriotic exercise religious one participants promise fidelity flag nation particular god faith doubt respondent sincere atheism rejection belief god mere fact disagrees part pledge give veto power decision public schools willing participants pledge allegiance flag manner prescribed congress may others disagree phrase god phrase liberty justice surely give objectors right veto holding ceremony willing participate said phrase god somehow tends establishment religion violation first amendment respondent claim succeed one based objections liberty justice fails cases broadly interpreted phrase none gone anywhere near far decision appeals case recital patriotic ceremony pledging allegiance flag nation descriptive phrase god possibly lead establishment religion anything like courts extend constitutional prohibitions beyond previously recognized limit may restrict democratic choices made public bodies congress prescribed pledge allegiance state california required patriotic observances schools school district chose comply requiring recital pledge allegiance willing students thus three levels popular government national state local collaborating produce elk grove ceremony constitution requires schoolchildren entitled abstain ceremony chose give parent child sort heckler veto patriotic ceremony willingly participated students simply pledge allegiance contains descriptive phrase god unwarranted extension establishment clause extension unfortunate effect prohibiting commendable patriotic observance elk grove unified school district david gordon superintendent petitioners michael newdow et al writ certiorari appeals ninth circuit june justice concurring judgment join concurrence chief justice full like follow policy deferring federal courts appeals matters involve interpretation state law see bowen massachusetts thereby conclude respondent standing bring constitutional claim federal like chief justice believe must examine questions like believe petitioner school district policy teachers lead students voluntary recitations pledge allegiance offend establishment clause history presented chief justice illuminates constitutional problems case presents write separately explain principles guide analysis constitutionality policy said establishment clause easily reduced single test different categories establishment clause cases may call different approaches board ed kiryas joel village school dist grumet concurring confronts challenge speech displays continue believe endorsement test captures essential command establishment clause namely government must make person religious beliefs relevant standing political community conveying message religion particular religious belief favored preferred county allegheny american civil liberties union greater pittsburgh chapter opinion quoting wallace jaffree concurring judgment context repeatedly applied endorsement test capitol square review advisory bd pinette opinion display cross plaza next state capitol allegheny supra display crèche county courthouse menorah outside city county buildings wallace supra statute authorizing meditative moment silence classrooms lynch donnelly concurring inclusion nativity scene city government christmas display endorsement explained sends message nonadherents outsiders full members political community accompanying message adherents insiders favored members political community ibid order decide whether endorsement occurred reviewing must keep mind two crucial related principles first endorsement test seeks identify situations government makes adherence religion relevant person standing political community assumes viewpoint reasonable observer pinette supra internal quotation marks omitted given dizzying religious heterogeneity nation adopting subjective approach reduce test absurdity nearly government action overturned violation establishment clause heckler veto sufficed show message one endorsement see pinette always someone particular quantum knowledge reasonably might perceive particular action endorsement religion second reasonable observer must embody community ideal social judgment well rational judgment test evaluate practice isolation origins context instead reasonable observer must deemed aware history conduct question must understand place nation cultural landscape see permitted government instances refer commemorate religion public life see pinette supra allegheny supra lynch supra marsh chambers explicit rationales varied consistent believe although references speak language religious belief properly understood employing idiom essentially secular purposes one purpose commemorate role religion history view references religion public life government inevitable consequence nation origins refused ignore changes religious composition nation explaining modern scope religion clauses see wallace supra even religion clauses originally meant forestall intolerance christian sects encompass forms religious conscience deny history left mark national traditions unsurprising nation founded religious refugees dedicated religious freedom find references divinity symbols songs mottoes oaths eradicating references sever ties history sustains nation even today see allegheny supra declining draw lines sweep away government recognition acknowledgment role religion lives citizens facially religious references serve valuable purposes public life well twenty years ago wrote references serve ways reasonably possible culture legitimate secular purposes solemnizing public occasions expressing confidence future encouraging recognition worthy appreciation society lynch supra concurring centuries marked important occasions pronouncements references god invocations divine assistance references serve solemnize occasion instead invoke divine provenance reasonable observer discussed fully aware national history origins practices perceive acknowledgments signifying government endorsement specific religion even religion de minimis violations constitution constitutional harms slight courts obliged ignore given values establishment clause meant serve however believe government discrete category cases acknowledge refer divine without offending constitution category ceremonial deism clearly encompasses things national motto god trust religious references traditional patriotic songs banner words marshal opens sessions god save honorable see allegheny opinion references minor trespasses upon establishment clause turn blind eye instead history character context prevent constitutional violations case requires us determine whether appearance phrase god pledge allegiance constitutes instance ceremonial deism although close question conclude based evaluation following four factors history ubiquity constitutional value ceremonial deism turns shared understanding legitimate nonreligious purposes sort understanding exist given practice place significant portion nation history observed enough persons fairly called ubiquitous see lynch contrast novel uncommon references religion easily perceived government endorsements reasonable observer presumed fully familiar origins result examining whether given practice constitutes instance ceremonial deism history ubiquity great importance explained allegheny supra endorsement test ubiquity practice relevant creates exception test contrary ubiquity practice relevant provides part context reasonable observer evaluates whether challenged governmental practice conveys message endorsement religion fifty years passed since words god added span time inconsiderable given relative youth nation time pledge become alongside singing banner routine ceremonial act patriotism countless schoolchildren recite daily religious heterogeneity reflects nation whole result pledge context employed familiar nearly inseparable public mind reasonable observer surprised learn words pledge petitioner school district policy leading students daily recitation pledge doubted one acquires vested protected right violation constitution long use even span time covers entire national existence indeed predates yet unbroken practice something lightly cast aside walz tax city new york history given practice relevant practice employed pervasively without engendering significant controversy lynch evaluated constitutionality town christmas display included crèche found relevant endorsement question fact display apparently caused political divisiveness prior filing lawsuit despite use years see similarly years pledge recited millions children time filing third reported case aware challenge impermissible establishment religion see sherman community consol school dist smith denny supp ed cal citizens nation neither timid unimaginative challenging government practices forbidden establishments religion see altman bedford central school challenging among things reading story hindu deity ganesha classroom alvarado san jose challenge use sculpture aztec deity quetzalcoatl commemorate mexican contributions city culture peloza capistrano unified school high school biology teacher challenge requirement teach concept evolution fleischfresser directors school dist challenge school supplemental reading program included works fantasy involving witches goblins halloween allen challenge conviction vandalism bomber based theory statute established religion nuclearism bomb new source grove mead school dist challenge use learning tree gordon parks high school english literature class crowley smithsonian cadc challenge museum display explained concept evolution given vigor creativity challenges find telling little ire directed pledge absence worship prayer ne greatest dangers freedom individual worship way lies government placing official stamp approval upon one particular kind prayer one particular form religious services engel vitale principle extraordinary circumstances actual worship prayer defended ceremonial deism upheld one prayer establishment clause challenge supported extremely long unambiguous history see marsh chambers upholding nebraska legislature practice opening sessions prayer offered chaplain statement purpose placing speaker listener penitent state mind intended create spiritual communion invoke divine aid strays legitimate secular purposes solemnizing event recognizing shared religious history santa fe independent school dist doe use invocation foster solemnity impermissible actuality constitutes prayer course statement imbued speaker listener qualities prayer explained relevant viewpoint reasonable observer fully cognizant history ubiquity context practice question observer conclude reciting pledge including phrase god constitutes instance worship know religion incorporates pledge canon one count pledge meaningful expression religious faith even taken literally phrase merely descriptive purports identify nation subject divine authority seen serious invocation god expression individual submission divine authority cf engel supra describing prayer solemn avowal faith supplication blessing almighty reasonable observer note petitioner school district policy pledge recitation appears heading patriotic observances california law implements refers appropriate patriotic exercises cal educ code petitioner school district also employs teachers chaplains religious instructors lead students exercise serves indication treat pledge prayer cf lee weisman reasoning graduation benediction construed de minimis religious exercise without offending rabbi offered true legislators voted add phrase god pledge may done attempt attach overtly religious message see pp intentions decide inquiry first legislators also permissible secular objectives mind meant example acknowledge religious origins nation belief individuality dignity human second critically subsequent social cultural history pledge shows original secular character transformed amendment school dist abington township schempp explained government may initiate practice impermissible purpose supporting religion nevertheless retai la permissible purpose furthering overwhelmingly secular ends citing mcgowan maryland whatever sectarian ends authors may mind continued repetition reference one nation god exclusively patriotic context shaped cultural significance phrase conform context religious freight words may meant carry originally long since lost see lynch brennan dissenting suggesting reference god pledge might permissible lost rote repetition significant religious content absence reference particular religion clearest command establishment clause one religious denomination officially preferred another larson valente general acknowledgments religion need viewed reasonable observers denigrating nonreligious said instances endorsement sectarian sense specifying details upon men women believe benevolent omnipotent creator ruler world known differ weisman supra scalia dissenting result religious acknowledgment claim instance ceremonial deism explicitly favored one particular religious belief system another pledge complies requirement refer nation jesus vishnu instead acknowledges religion general way simple reference generic god course religions buddhism instance based upon belief separate see brief buddhist temples centers organizations amicus curiae one hard pressed imagine brief solemnizing reference religion adequately encompass every religious belief expressed citizen nation phrase god conceived added time national religious diversity neither robust well recognized represents tolerable attempt acknowledge religion invoke solemnizing power without favoring individual religious sect belief system minimal religious content final factor makes pledge instance ceremonial deism view highly circumscribed reference god cases struck government speech displays establishment clause offending religious content much pervasive see weisman supra prayers involving repeated thanks god requests blessings course ceremony avoid establishment clause scrutiny simply avoiding explicit mention god see wallace jaffree invalidating alabama statute providing moment silence meditation voluntary prayer brevity reference religion god ceremonial exercise important several reasons first tends confirm reference used acknowledge religion solemnize event rather endorse religion way second makes easier participants wish opt language find offensive without reject ceremony entirely third tends limit ability government express preference one religious sect another reference god pledge allegiance qualifies minimal reference religion respondent challenge focuses two pledge words moreover presence words absolutely essential pledge demonstrated fact existed without years result students wish avoid saying words god still consider meaningful participants exercise join reciting remainder pledge framed inquiry specific application endorsement test examining whether ceremony representation convey message reasonable observer familiar history origins context adhere literal message political outsiders consideration factors lead result even apply coercion test featured several opinions santa fe independent school dist doe lee weisman coercion test provides minimum government may coerce anyone support participate religion exercise otherwise act way state religion religious faith tends quoting lynch supra coercion persuades onlooker participate act ceremonial deism inconsequential establishment clause matter acts simply religious character result symbolic references religion qualify instances ceremonial deism pass coercion test well endorsement test say however government overtly coerce person participate act ceremonial deism cardinal freedom one belief leaders nation force us proclaim allegiance creed whether religious philosophic political principle found eloquent expression case involving pledge even contained words respondent objects see west virginia bd ed barnette jackson compulsion justice jackson concerned however direct sort constitution guarantee citizens right entirely avoid ideas disagree betray principles robust democracy insulates citizens views might find novel even inflammatory michael newdow challenge petitioner school district policy one distaste reference one nation god however sincere yardstick establishment clause inquiry certain ceremonial references god religion nation inevitable consequence religious history gave birth founding principles liberty ironic indeed wield constitutional commitment religious freedom sever ties traditions developed honor elk grove unified school district david gordon superintendent petitioners michael newdow et al writ certiorari appeals ninth circuit june justice thomas concurring judgment granted certiorari case decide whether elk grove unified school district pledge policy violates constitution answer question testament condition establishment clause jurisprudence appeals reached opposite conclusion based persuasive reading precedent especially lee weisman view lee adopted expansive definition coercion defended however one decides difficult question hether th establishment clause constrain state action fourteenth amendment zelman thomas concurring difficulties establishment clause cases however run far deeper agree chief justice respondent newdow standing take opportunity begin process rethinking establishment clause acknowledge establishment clause federalism provision reason resists incorporation moreover explain pledge policy implicated sensible incorporation establishment clause probably cover little free exercise clause lee held invocations benedictions consistent establishment clause given public secondary school graduations emphasized heightened concerns protecting freedom conscience subtle coercive pressure elementary secondary public schools brushed aside fact students required attend graduation see asserting student attendance participation graduation ceremony fair real sense obligatory fact compelled meaningful sense participate religious component graduation ceremony see matters given social conventions reasonable dissenter milieu believe group exercise signified participation approval surmised prayer violated establishment clause high school student light peer pressure attend graduation stand group least maintain respectful silence invocation benediction reasonable perception forced state pray manner conscience allow ibid adherence lee require us strike pledge policy respects poses serious difficulties prayer issue lee prayer graduation event graduating students almost already adults parents usually present contrast young students removed protection parents exposed pledge every day moreover case troubling lee respect kinds coercion first although students may feel peer pressure attend graduations pressure far less subtle students actually compelled law merely fair real sense attend school see also school dist abington township schempp analysis second form coercion identified lee somewhat complicated true since decided west virginia bd ed barnette compel traditional sense students pledge allegiance formally dissenters refuse pledge refusal clear students theoretical means opting exercise lee indicated research psychology supports common assumption adolescents often susceptible pressure peers towards conformity citations omitted lee reasoning barnette protection illusory government officials allow children recite pledge let peer pressure take natural predictable course even assume sitting respectful silence mistaken assent participation graduation prayer dissenting students graduating high school coerced pray coerced possibly appearing assent prayer coercion however results unwilling children actually pledging chief justice distinguish lee asserting phrase god pledge conver recital exercise sort described lee ante opinion concurring judgment barnette addressed state law compelled students salute pledge allegiance flag described compulsion students declare belief pledge require affirmation belief attitude mind current form reciting pledge entails pledging allegiance flag america republic stands one nation god barnette pledging allegiance declare belief includes one nation god difficult see entail affirmation god exists whether classify affirming existence god formal religious exercise akin prayer must present similar constitutional problems sure affirmation prayer admit might significant distinction squarely held government require person declare belief god torcaso watkins repeat reaffirm neither state federal government constitutionally force person profess belief disbelief see also employment dept human resources smith government may compel affirmation religious belief widmar vincent rejecting attempt distinguish worship forms religious speech said view questionably establishment clause prohibits government appearing take position questions religious belief county allegheny american civil liberties union greater pittsburgh chapter see also good news club milford central school scalia concurring conclude matter precedent pledge policy unconstitutional believe however lee wrongly decided lee depended notion coercion discuss basis law reason kind coercion implicated religion clauses accomplished force law threat penalty issue state action question becomes whether pledge policy implicates religious liberty right protected fourteenth amendment ii accept free exercise clause clearly protects individual right applies fourteenth amendment see zelman thomas concurring establishment clause another matter text history establishment clause strongly suggest federalism provision intended prevent congress interfering state establishments thus unlike free exercise clause protect individual right makes little sense incorporate establishment clause case believe pledge policy infringes religious liberty right arise incorporation clause pledge policy also infringe rights conclude constitutional establishment clause provides congress shall make law respecting establishment religion amdt textual matter clause probably prohibits congress establishing national religion see hamburger separation church state citing sources perhaps importantly clause made clear congress interfere state establishments notwithstanding argument made based congress power necessary proper clause see amar bill rights nothing text clause suggests reaches establishment clause purport protect individual rights contrast free exercise clause plainly protects individuals congressional interference right exercise religion remaining clauses within first amendment expressly disable congress abridging particular freedom emphasis added textual analysis consistent prevailing view constitution left religion see story commentaries constitution ed see also amar bill rights history also supports understanding founding least six established religions see mcconnell origins historical understanding free exercise religion harv rev federalism point escaped notice members see zelman supra thomas concurring lee supra scalia dissenting quite simply establishment clause best understood federalism provision protects state establishments federal interference protect individual right two features independently make incorporation clause difficult understand best argument favor incorporation disabling congress establishing national religion clause protected individual right enforceable federal government free coercive federal establishments incorporation individual right argument goes makes sense alluded possibility see zelman supra thomas concurring may pass laws include touch religious matters long laws impede free exercise rights individual liberty interest emphasis added even assuming establishment clause precludes federal government establishing national religion follow clause created protects individual right reasons discussed likely direct beneficiaries see also lee supra scalia dissenting moreover incorporation putative individual right leads peculiar outcome prohibit precisely establishment clause intended protect state establishments religion see schempp stewart dissenting noting fourteenth amendment somehow absorbed establishment clause although without irony constitutional provision evidently designed leave free go way become restriction upon autonomy nevertheless potential right federal establishments candidate incorporation welcome opportunity consider fully difficult questions whether establishment clause applies one observation suffices strange sounds incorporated establishment clause prohibits exactly establishment clause protected state practices pertain establishment religion least burden persuasion rests anyone claims term took different meaning upon incorporation must therefore determine whether pledge policy pertains establishment religion traditional establishments religion establishment clause addressed necessarily involve actual legal coercion coercion hallmark historical establishments religion coercion religious orthodoxy financial support force law threat penalty typically attendance state church required clergy official church lawfully perform sacraments dissenters tolerated faced array civil disabilities levy establishment clause thus example colony virginia church england established ministers required law conform doctrine rites church england persons required attend church observe sabbath tithed public support anglican ministers taxed costs building repairing churches lee scalia dissenting even establishment broader definition one included support religion generally taxation element legal coercion state still present see also conceivable government establish religion imbuing governmental authority see larkin grendel den delegat ing civic authority group chosen according religious criterion board ed kiryas joel village school dist grumet county allegheny black dissenting explaining establishment clause insure one powerful sect combination sects use political governmental power punish dissenters convert faith emphasis added difficult see government practices nothing creating maintaining sort coercive state establishment described implicate possible liberty interest free coercive state establishments addressing constitutionality voluntary school prayer justice stewart made essentially point emphasizing deal establishment state church whether school children want begin day joining prayer must prohibited engel dissenting opinion sure find much commend view establishment clause bar governmental preferences particular religious faiths rosenberger rector visitors univ thomas concurring position suggest today consistent legal compulsion inherent component preferences context james madison memorial remonstrance religious assessments reprinted everson board ed ewing appendix dissent rutledge extolled argument concerned coercive taxation support established religion much title although extreme notions separation church state might attribut able madison many clearly stem reflecting concepts natural law natural rights social contract government civil society cord separation church state historical fact current fiction rather principle nonestablishment constitution rosenberger supra thomas concurring see also hamburger separation church state noting madison proposed language became establishment clause reflect extreme views pledge policy state created maintained religious establishment neither granted government authority existing religion pledge policy expose anyone legal coercion associated established religion rights issue follows religious liberty rights question pledge policy fully comports constitution footnotes baer pledge allegiance centennial history internal quotation marks omitted time phrase one nation indivisible special meaning question whether state secede union intensely debated unresolved prior civil war see randall constitutional problems lincoln see also rehnquist centennial crisis disputed election elk grove unified school district policy ar app brief respondent supporting petitioners newdow also named defendants sacramento unified school district superintendent chance daughter might one day attend school district app appeals held newdow lacks standing challenge district policy daughter currently student newdow congress newdow iii newdow challenged ruling first amendment provides relevant part congress shall make law respecting establishment religion prohibiting free exercise thereof amdt religion clauses apply incorporation fourteenth amendment see cantwell connecticut holding rest chief justice suggests see post either domestic relations exception abstention doctrine rather prudential standing analysis informed variety contexts federal courts decline intervene ankenbrandt richards contemplated suit depend determination status parties deemed appropriate review dispute palmore raise important federal concerns arising constitution commitment eradicating discrimination based race case contrast disputed family law rights entwined inextricably threshold standing inquiry chief justice respect see post misses point merits question undoubtedly transcends domestic relations issue standing question surely confirmed position written order issued january parties joint legal custody defined follows banning continue make final decisions minor health education welfare two parties mutually agree parties required consult substantial decisions relating health education welfare minor child including psychological educational needs minor mutual agreement reached areas banning may exercise legal control minor specifically prohibited inconsistent physical custody app reply brief respondent supporting petitioners despite use term joint legal custody defined california statute see cal fam code ann west see meaningful distinction present purposes custody order issued february one issued january either order newdow right consult issues relating child education banning possesses understand amounts tiebreaking vote good sufficient reasons th prudential limitation standing rights third parties implicated avoidance adjudication rights may wish assert assurance effective advocate rights issue present champion duke power carolina environmental study group banning tells us daughter objection pledge mindful cases children constitutionally protectible interests wisconsin yoder douglas dissenting fundamental respect future student future parents stake newdow complaint brief cite several additional bases standing newdow times attended future attend class daughter app considered teaching elementary school students school district attended continue attend school board meetings pledge routinely recited school district uses tax dollars implement pledge policy even arguments suffice establish article iii standing respond prudential concerns taxpayer standing newdow reside pay taxes school district alleges pays taxes district indirectly child support payments banning brief respondent newdow allegation amount direct injury strict doctrine requires doremus board ed hawthorne footnotes note respondent contends never noncustodial parent points state recent order enjoys joint legal custody brief respondent newdow also properly described clear suit relies fact respondent deprived california law right sue next friend ante superior determined respondent sue next friend stated extent naming individual right parent say children world mine particular believe child child harmed child actually part suit know way preclude app brief respondent newdow california reject newdow right distinct daughter either day first amendment proposed congress urged president washington proclaim day public thanksgiving prayer observed acknowledging grateful hearts many signal favours almighty god lynch donnelly justice thomas concludes based partly west virginia bd ed barnette lee weisman coercion present school district policy post opinion concurring judgment agree barnette involved board education policy compelled students recite pledge opportunity opt present case failure conform dealt expulsion readmission denied statute compliance meanwhile expelled child absent proceeded delinquent parents guardians liable prosecution convicted subject fine exceeding jail term exceeding thirty days ibid footnotes omitted think clear difference compulsion barnette coercion lee compulsion barnette permissible issue case whatever virtues vices lee concerned formal religious exercise pledge footnotes note example following state mottoes arizona god enriches colorado nothing without providence connecticut transplanted still sustains florida god trust ohio god things possible south dakota god people rule arizona colorado florida placed mottoes state seals mottoes connecticut south dakota appear flags well georgia flag includes motto god trust oaths judicial office citizenship military civil service end optional phrase help god see cf many patriotic songs contain overt implicit references divine among america protect us thy might great god king america beautiful god shed grace thee god bless america footnotes means novel observation see rosenberger rector visitors univ thomas concurring noting establishment clause jurisprudence hopeless disarray lamb chapel center moriches union free school scalia concurring judgment selectively invoked particular tests lemon test lemon kurtzman predictable outcomes see lamb chapel supra scalia concurring judgment jurisprudential confusion led results described silly county allegheny american civil liberties union greater pittsburgh chapter example distinguished crèche one hand chanukah menorah placed near christmas tree held first display violated establishment clause second course lee subsequent cases make clear aw reaches past formalism santa fe independent school dist doe quoting lee weisman surely coercion pledge failure immediately obvious one peers far greater coercion resulting prayer high school football game see santa fe independent school supra may well case anything violate incorporated establishment clause actually violate free exercise clause calling doubt utility incorporating establishment clause see amar bill rights lee weisman thought way extent anyone might coerced religious exercise cf zorach clauson rejecting obtuse reasoning claim one forced go religious classroom religious exercise instruction brought classrooms public schools ibid rejecting establishment clause claim absent evidence teachers using office persuade force students take religious instruction emphasis added coercive government preferences might also implicate free exercise clause perhaps better analyzed framework