Court Rejects Challenge To Pledge, Motto, Song

Keplinger v. United States, 2006 U.S. Dist. LEXIS 34110 (MD Pa., May 3, 2006), is a suit brought by a federal prison inmate alleging that the use of the word "God" in the Pledge of Allegiance, on United States currency, and in the song "America the Beautiful" is unconstitutional. He asked the court to order that “God” be removed from the Pledge, the motto on federal currency, and "America the Beautiful" and be replaced with "the true name of Worship 'Yahweh'." Not surprisingly, the court rejected his claim for relief. It held that the wording of "America the Beautiful" is not action taken under color of law. As to the Pledge and Motto, it held that they are not exercises of religion, satisfy the Lemon test, and therefore do not violate the Establishment Clause. Finally, the court held that Keplinger's request that the word Yahweh be substituted for God in the Pledge and Motto undercuts his Establishment Clause claim and is relief that cannot be provided by the Court.