California court stays enforcement of its Pledge ruling

SAN FRANCISCO -- Public school officials in nine western states may still lead students in the Pledge of Allegiance after a federal appeals court that ruled the recitation was unconstitutional put its decision on hold pending a review by the Supreme Court.

Judge Alfred T. Goodwin issued the order Tuesday, giving the Elk Grove Unified School District 90 days to ask the high court to review the ruling by the 9th U.S. Circuit Court of Appeals.

The Elk Grove district was the target of a lawsuit that brought the pledge into federal court. Michael Newdow, a Sacramento atheist, sued the schools, alleging that his daughter shouldn't be subjected to collective recitations of the pledge.

In a case that bitterly divided the nation and the federal judiciary, the appeals court ruled in Newdow's favor last summer, declaring that use of the pledge in public schools violates the Constitution. It said use of the words "under God" amounts to a government endorsement of religion. On Friday, the court refused to reconsider its ruling.

Without Tuesday's stay, public schools in nine western states would have been banned -- beginning next Monday -- from reciting the pledge. Those states are Alaska, Arizona, California, Hawaii, Idaho, Nevada, Montana, Oregon and Washington.

A Justice Department spokesman said the government had no comment on Tuesday's order, and said the Bush administration was still considering whether it would also appeal.

California law requires schools to conduct a patriotic observance at the beginning of each school day. Elk Grove officials had said they would have students sing the national anthem instead of the pledge if the appeals court did not delay its ruling.

Tuesday's ruling was "very good news, because we want to see the matter heard before the Supreme Court, and we want our children to keep saying the pledge as written until such time as the Supreme Court rules," said Dave Gordon, superintendent of the Elk Grove district.

Newdow said he did not object to Tuesday's order. "I'll let it play itself out," he said. "There's no question I am going to win."

Ruling in similar cases, the Supreme Court has barred sectarian prayers in public school graduation speeches and said schools could not punish students for refusing to recite the pledge. But the high court has allowed state legislatures to open their sessions with prayers.