Opinion of the Court
flag once each day."[1] Consistent with our case law, the School District permits students who object on religious grounds to abstain from the recitation. See West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624 (1943).
In March 2000, Newdow filed suit in the United States District Court for the Eastern District of California against the United States Congress, the President of the United States, the State of California, and the School District and its superintendent.[2] App. 24. At the time of filing, Newdow's daughter was enrolled in kindergarten in the School District and participated in the daily recitation of the Pledge. Styled as a mandamus action, the complaint explains that Newdow is an atheist who was ordained more than 20 years ago in a ministry that "espouses the religious philosophy that the true and eternal bonds of righteousness and virtue stem from reason rather than mythology." Id., at 42, ¶ 53. The complaint seeks a declaration that the 1954 Act's addition of the words "under God" violated the Establishment and Free Exercise Clauses of the United States Constitution,[3] as well as an injunction against the School District's policy requiring daily recitation of the Pledge. Id., at 42. It alleges that Newdow has standing to sue on his own behalf and on behalf of his daughter as "next friend." Id., at 26, 56.
- ↑ Elk Grove Unified School District's Policy AR 6115, App. to Brief for United States as Respondent Supporting Petitioners 2a.
- ↑ Newdow also named as defendants the Sacramento City Unified School District and its superintendent on the chance that his daughter might one day attend school in that district. App. 48. The Court of Appeals held that Newdow lacks standing to challenge that district's policy because his daughter is not currently a student there. Newdow v. U.S. Congress, 328 F.3d 466, 485 (CA9 2003) (Newdow III). Newdow has not challenged that ruling.
- ↑ The First Amendment provides in relevant part that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." U.S. Const., Amdt. 1. The Religion Clauses apply to the States by incorporation into the Fourteenth Amendment. See Cantwell v. Connecticut, 310 U.S. 296, 303 (1940).
