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Jul. 21, 2006

House wants to protect Pledge

THE ASSOCIATED PRESS



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WASHINGTON -- The "under God'' phrase in the Pledge of Allegiance would be shielded from federal court rulings under legislation the House takes up Wednesday.

The pledge protection act, expected to pass over mainly Democratic opposition, is part of the House GOP's "American values agenda" that House Speaker Dennis Hastert said would "defend America's founding principles.'' Another part of that agenda, a constitutional amendment to ban gay marriage, was defeated in the House on Tuesday.

The pledge bill, sponsored by Rep. Todd Akin, R-Mo., would deny jurisdiction to federal courts, and appellate jurisdiction to the Supreme Court, to decide questions pertaining to the interpretation or constitutionality of the Pledge. State courts could still decide whether the pledge is valid within the state.

The legislation grew out of a 2002 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals that the pledge is unconstitutional when recited in public schools.

The Supreme Court in 2004 reversed that decision on a technicality, saying that Sacramento atheist Michael Newdow did not have legal standing to sue on behalf of his daughter because the mother had custody over the child. Newdow has since revived the case and last year a U.S. District Judge ruled in his favor.

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