Washington, D.C. - A bill co-sponsored by Congressman Kevin Brady (R-The Woodlands) that would keep the phrase ‘under God’ in the Pledge of Allegiance from being deemed unconstitutional by activist courts passed the House of Representatives today by a vote of 247 to 173.

 

“Congress starts its business every morning with the Pledge of Allegiance. The President’s oath of office refers to God, and the Supreme Court itself opens with imploring God to ‘save this honorable court.’ It is obvious that we are one nation under God.

“By passing the Pledge Protection Act Congress reaffirmed the rightful use of the phrase 'under God' as an important part of America's culture and history while preserving the pledge from future litigation,” said Brady.

Congressman Brady co-sponsored and pressed to see the Pledge of Allegiance Protection Act (H.R. 2028) become law after the Ninth Circuit Court of Appeals found the Pledge of Allegiance unconstitutional because it contains the phrase, “one nation under God”.   The Supreme Court later dismissed the case on appeal, because the atheist parent suing the school district that made his daughter recite the pledge of allegiance, Mr. Michael Newdow, did not to have standing to sue.

The Pledge Protection Act uses Article III of the Constitution to remove the jurisdiction of lower federal courts to rule on the Pledge.
 
Passage in the House is an important step toward safeguarding the free-exercise rights, guaranteed by the First Amendment, of the overwhelming majority of Americans who believe “under God” should remain in the Pledge of Allegiance. It is also an effective check on the power of the court when it abuses its power of judicial review.

While passage of the Pledge Protection Act would insure the free-exercise rights of those Americans who favor leaving the phrase “under God” in the Pledge, it does, at the same time, respect the rights of religious minorities not to pledge their allegiance.  Previous Supreme Court precedent would remain authoritative.