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Elk Grove Unified School District v. Newdow
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Elk Grove Unified School District v. Newdow : ウィキペディア英語版
Elk Grove Unified School District v. Newdow

''Elk Grove Unified School District v. Newdow'', 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. The lawsuit, originally filed as ''Newdow v. United States Congress, Elk Grove Unified School District, et al.'' in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. After an initial decision striking the congressionally added "one nation under God" language, [Newdow v. U.S. Congress, 292 F.3d 597 (9th Cir. 2002), the superseding opinion on denial of rehearing en banc was more limited, holding that compelled recitation of the language by school teachers to students was invalid. [328 F.3d 466 (9th Cir. 2003).
On June 14, 2004, the Supreme Court held Michael Newdow, as a noncustodial parent, did not have standing to bring the suit on his daughter's behalf. The mother was previously given sole custody of the daughter. The Ninth Circuit's decision was thus reversed as a matter of procedural law, so it did not consider the constitutional question raised by the case.
On January 3, 2005, a new suit was filed in the U.S. District Court for the Eastern District of California on behalf of three unnamed families. On September 14, 2005, District Court Judge Lawrence Karlton ruled in favor of Newdow. Citing the precedent of the 2002 ruling by the Ninth Circuit Court of Appeals, Judge Karlton issued an order enjoining the school district defendants from continuing their practices of leading children in pledging allegiance to "one Nation under God." The case was later appealed to the Ninth Circuit under ''Newdow v. Carey'' and was reversed.
==U.S. District Court Case==
Michael Newdow, a Sacramento, California attorney and emergency medicine physician, filed suit in March 2000 against the Elk Grove Unified School District. Newdow sued for his daughter, who was enrolled in the Elk Grove public schools, as "next friend". He said the words "under God" in the Pledge of Allegiance amounted to an unconstitutional establishment of religion and that, as such, the daily recitation of the Pledge with the offending words interfered with his right to inculcate his daughter with his religious beliefs.
U.S. Magistrate Judge Peter A. Nowinski found the Pledge was constitutional. The District Court accepted the magistrate's finding and dismissed the case on June 21, 2000.〔 Newdow then appealed.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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