Showing posts with label National Motto. Show all posts
Showing posts with label National Motto. Show all posts

Monday, October 31, 2022

National Motto in Public Schools Again Upheld

 In JLF v. Tennessee State Board of Education, (MD TN, Oct. 27, 2022), plaintiff asked a Tennessee federal district court to reconsider its prior holding that display of the national motto "In God We Trust" in a public charter school lobby did not violate the Establishment Clause. Plaintiff argued that the U.S. Supreme Court's holding in Kennedy v. Bremerton School District which rejected the Lemon test and adopted the Historical Practice test for Establishment Clause cases constitutes an intervening change in controlling law. However, the court denied plaintiff's motion to reconsider, saying in part:

Kennedy has no effect on the court’s previous ruling, because the court did not rely on Lemon to reject the plaintiff’s Establishment Clause claim and, instead, considered the national motto in its historical context to conclude that its posting in public schools does not violate the Establishment Clause.

Friday, May 20, 2022

Posting Of National Motto In School Does Not Violate Establishment Clause

In JLF v. Tennessee State Board of Education, (MD TN, May 18, 2022), a Tennessee federal district court upheld Tennessee's statute that requires all public schools to post the national motto "In God We Trust" in a prominent location. The law was challenged under the Establishment Clause by the father of a kindergartener on behalf of his daughter whose school has posted the motto as part of a display in the entryway to the school.  The court said in part:

The court finds ... in light of the substantial body of law ... repeatedly concluding in a variety of contexts that the national motto has a secular purpose and that its display does not violate the Establishment Clause, that the Lemon test is of limited utility in this context.... The fact that the display is in a public school does not require enhanced scrutiny.... [T]he posting of the national motto in schools “involves no coercion,” “does not purport to compel belief or acquiescence,” “does not command participation in any form of religious exercise,” “does not assert a preference for one religious denomination or sect over others, and it does not involve the state in the governance of any church.”...

Tuesday, June 11, 2019

Cert. Denied In Challenge To "In God We Trust" On Currency

Yesterday the U.S. Supreme Court denied review in New Doe Child #1 v. United States, (Docket No. 18-1297, certiorari denied 6/10/2019). (Order List). In the case, the U.S. 8th Circuit Court of Appeals in interesting opinions rejected a constitutional challenge to the placement of the motto "In God We Trust" on U.S. coins and currency.  (See prior posting.) Washington Times reports on the decision.

Thursday, March 21, 2019

South Dakota Requires "In God We Trust" In Every Public School

Yesterday South Dakota Governor Kristi Noem signed Senate Bill 55 (full text) into law.  The new law requires every public school in the state to display the national motto "In God We Trust" in a prominent place. The law also provides for the state attorney general to assume the defense of any lawsuit that is filed challenging the law. Friendly Atheist reports on the new law.

Thursday, November 15, 2018

ACLU Settles Free Speech Suit Against Missouri City

ACLU of Missouri announced yesterday that it has settled a lawsuit which it filed earlier this year against the city of Wentzville after the city removed a woman from a Board of Alderman's meeting for criticizing a 16-foot "In God We Trust" sign that had been installed on the front of the meeting room dias. According to the ACLU:
Tonight, the Wentzville governing body passed and read aloud a resolution affirming its commitment to uphold First Amendment freedoms and acknowledging that members of the public of any or no religions tradition are welcome to participate in local government. The city also resolved to apply the updated city code evenhandedly, without censoring speech based on its content during the open forum portion of a Wentzville Board of Aldermen meeting.
The settlement also stipulates that Wentzville must advise law enforcement officers assigned to public meetings that they have an independent obligation to uphold the Constitution. Officers will now independently assess if probable cause exists before removing someone from a meeting.

Wednesday, August 29, 2018

8th Circuit Embraces Historical Practices Test In Upholding "In God We Trust" on Currency

In New Doe Child #1 v. United States, (8th Cir., Aug. 28, 2018), the U.S. 8th Circuit Court of Appeals rejected a constitutional challenge to the placement of the motto "In God We Trust" on U.S. coins and currency.  While the result is consistent with that of numerous other circuits, the analysis set out by the majority opinion is of particular interest. Judge Gruender, writing for himself and Judge Beam, takes the position that the Supreme Court's decision in Town of
Greece v. Galloway  signaled a "'major doctrinal shift' in Establishment Clause jurisprudence," explaining:
In Galloway, the Supreme Court offered an unequivocal directive: “[T]he Establishment Clause must be interpreted by reference to historical practices and understandings.”...[H]istorical practices often reveal what the Establishment Clause was originally understood to permit, while attention to coercion highlights what it has long been understood to prohibit....
... [H]istorical practices confirm that the Establishment Clause does not require courts to purge the Government of all religious reflection or to “evince a hostility to religion by disabling the government from in some ways recognizing our religious heritage.”....
 Here, we recognize that convenience may lead some Plaintiffs to carry cash, but nothing compels them to assert their trust in God. Certainly no “reasonable observer” would think that the Government is attempting to force citizens to express trust in God with every monetary transaction.... Indeed, the core of the Plaintiffs’ argument is that they are continually confronted with “what they feel is an offensive religious message.” But Galloway makes clear that “[o]ffense . . . does not equate to coercion.”
Judge Kelly's concurring opinion argues that Galloway was merely a clarification of exiting Establishment Clause doctrine, not a sea change in it; but that exiting Supreme Court case law upholds the motto.

Judge Gruender, in portions of his opinion joined by all 3 judges on the panel, went on to reject plaintiffs' free speech, free exercise, RFRA and equal protection challenges.  In considering plaintiffs' RFRA challenge, the court held that plaintiffs have failed to allege a "substantial burden" on their exercise of religion, saying in part:
Here, the complaint alleges that the cost of the Plaintiffs’ adherence to their religious convictions is “relinquishing the convenience of carrying the nation’s money.” While cash may be a convenient means of participating in the economy, there are many alternatives that would not violate the Plaintiffs’ stated beliefs....
We recognize that, in limited circumstances, there may not be a viable cash alternative. But the complaint does not allege that the Plaintiffs are unable to make necessary or even regular purchases, and we do not think that difficulty buying “a popsicle from the neighborhood ice cream truck” or using a coin-operated laundry machine is what the Supreme Court had in mind when it said that RFRA protects against the denial of “full participation in the economic life of the Nation.” See Hobby Lobby, 134 S. Ct. at 2775-76, 2779, 2783.
Becket Fund issued a press release announcing the decision. Reuters reports on the decision.

Monday, June 04, 2018

6th and 7th Circuits Reject Challenge To "In God We Trust" On Currency

The U.S. 6th Circuit Court of Appeals in a 2-1 decision rejected claims by a group of plaintiffs-- atheists, humanists and one Jewish plaintiff-- that statutes requiring placing of the national motto, In God We Trust, on currency violates RFRA, as well as protections of free speech, free exercise and equal protection.  In Doe v. Congress of the United States, (6th Cir., May 29, 2018), the majority said in part:
Plaintiffs’ allegations indicate that at least some legislators who voted to enact the currency statutes intended to promote a Christian monotheistic message. However, intent to promote one religion is not necessarily intent to suppress another; Plaintiffs’ allegations do not show a specific governmental intent to infringe upon, restrict, or suppress other religious beliefs. Plaintiffs argue that the currency statutes nonetheless effect suppression of Atheist beliefs by requiring the Government to constantly spread speech that is akin to “Atheists Are Wrong.” But the incidental effect of suppression is permissible under the Free Exercise Clause absent restrictive intent: The laws must have been “enacted because of, not merely in spite of their suppression.”
Judge Moore, dissenting in part, contended that:
All but four of the plaintiffs have sufficiently pleaded factual allegations demonstrating that the inscription substantially burdens their religion and have thus pleaded a plausible violation of RFRA....
[T]he thirty-nine plaintiffs who allege that they are required to utilize coins and cash on a regular basis have sufficiently alleged that they face an untenable choice between violating their religious beliefs or being excluded “from full participation in the economic life of the Nation,”
In Mayle v. United States, (7th Cir., May 31, 2018), the U.S. 7th Circuit Court of Appeals held that neither the Establishment clause nor RFRA, nor the free speech clause, is violated by the printing the national motto, "In God We Trust", on currency, saying in part:
The inclusion of the motto on currency is similar to other ways in which secular symbols give a nod to the nation’s religious heritage.
In rejecting the claim of plaintiff Kenneth Mayle, an adherent of non-theistic Satanism, the court said in part:
Mayle argues that having the motto printed on currency forces him to choose between using cash, a necessary part of life, and violating his sincerely held religious beliefs. Using the currency makes him feel “guilt, shame and above all else fear,” and those feelings, he contends, qualify as a substantial burden. He likens himself to a fundamentalist Christian baker who would be forced to endorse gay marriage—a practice that violates his religious beliefs—by selling a couple a wedding cake. This term the Supreme Court is considering that baker’s case.... No matter how that case is decided, however, no reasonable person would believe that using currency has religious significance....  [B]ecause using money is not a religious exercise, and the motto has secular as well as religious significance, Mayle has not plausibly alleged that the motto’s placement on currency increases the burden on practicing Satanism.... Mayle’s feelings are not insignificant, but the burden he experiences is not substantial.

Sunday, October 08, 2017

Court Dismisses Challenge To "In God We Trust" On Currency

In Mayle v. United States, (ND IL, Sept. 29, 2017), an Illinois federal district court rejected challenges by a Satanist to the use of "In God We Trust" on U.S. currency.  The court rejected free exercise and compelled speech challenges, as well as equal protection and Congressional power claims.

Thursday, December 01, 2016

"In God We Trust" On Currency Does Not Substantially Burden Atheists

In New Doe Child #1 v. Congress of the United States, (ND OH, Nov. 30, 2016), an Ohio federal district court rejected several challenges to the United States' use of the motto "In God We Trust" on currency. Various plaintiffs either do not believe in God, or find the use of God's name on currency to be sinful.  The court rejected plaintiffs' 1st Amendment and RFRA free exercise claims as well as their compelled speech and equal protection arguments. The court said in part:
Plaintiffs cannot demonstrate that the use of the motto on currency substantially burdens their religious exercise. Credit cards and checks allow Plaintiffs to conduct the bulk of their purchases with currency not inscribed with the motto. And for cash-only transactions, such as a garage sale or a coin-operated laundromat, the use of the motto on currency does not substantially burden Plaintiffs’ free exercise.... Furthermore, Plaintiffs’ other concerns, that they may be subject to peer pressure or ridicule, or that their children may question their beliefs, are unlike the choice between a “basic benefit and a core belief” described in the Supreme Court’s case law....
(See prior related posting.)

Tuesday, March 22, 2016

In Utah, "In God We Trust" License Plate Now Costs Less

As reported by the Salt Lake Tribune, Utah Governor Gary Herbert on Monday signed into law H.B. 127 (full text), making the state's "In God We Trust" license plates available for the standard licence plate fee. The law removes the prior $5 specialty plate surcharge for this plate design. Three plate designs are now available for the standard fee.  In signing the bill, Herbert referred to Utah's creation by people seeking refuge from religious persecution. As reported on the Governor's blog, he added: "Our nation’s motto bears extra importance at a time when free worship of God and religious rights are being challenged."

Thursday, February 11, 2016

Tribal Council Balks At Posting of U.S. National Motto

According to the Smokey Mountain News, Rick Lanier, head of the U.S. Motto Action Committee, was startled at the reaction to his presentation last week to the Cherokee Tribal Council. Lanier has been trying to get the motto "In God We Trust" placed on government buildings around North Carolina, and his proposal is usually welcomed.  Members of the Cherokee Tribal Council and community members took Lanier to task for not understanding beliefs of the Cherokee, and for not realizing that the Cherokees are a sovereign nation and so would not want to put up the motto of the U.S. government.

Wednesday, January 13, 2016

Newdow Sues Again To Get "In God We Trust" Off Money-- This Time Using RFRA

Activist Michael Newdow is trying once again to get the motto "In God We Trust" removed from the nation's coins and currency.  Representing some 41 plaintiffs including the Northern Ohio Freethought Society, Newdow and his co-counsel this week filed an elaborate 112-page complaint in an Ohio federal district court.  The complaint (full text) in New Doe Child #1 v. Congress of the United States of America, (ND OH, filed 1/11/2016) traces in almost law-review style (and with 362 footnotes) the history of "In God We Trust" on coinage and currency. In addition to 1st Amendment free exercise, establishment clause and compelled speech claims, the suit also relies on RFRA, contending in part:
By placing “In G-d We Trust” on the nation’s coins and currency bills, Defendants have substantially burdened Plaintiffs in the exercise of their Atheistic (and similar) beliefs by requiring them – as the price to pay for using the nation’s coins and currency bills – to personally bear a religious message that is the antithesis of what they consider to be religious truth.
As to one plaintiff-- Adam Clayman-- who is not an atheist, the complaint alleges that he believes:
participation in any activity that ultimately leads to the superfluous printing of G-d’s name on secular documents or to the destruction of G-d’s printed name is sinful. Thus, aware that – due to the acts being challenged in this case – G-d’s printed name on the nation’s money will ultimately be destroyed, Plaintiff Clayman has to choose between engaging in sin or not using the nation’s coins and currency bills.
The Blaze and Cleveland Plain Dealer report on the lawsuit. (See prior related posting.)

Tuesday, November 10, 2015

Texas AG Opinion OK's "In God We Trust" On Police Cars

Texas Attorney General Ken Paxton last week issued Opinion No. KP-0042 (Nov. 4, 2015)  concluding that a police department or sheriff's office may display the national motto, "In God We Trust," on its patrol cars without violating the Establishment Clause.  The Attorney General's Opinion says in part:
[D]isplaying "In God We Trust" on police vehicles is a passive use of a motto steeped in our nation's history that does not coerce Citizen approval or participation.
AP reported on the Opinion.

Sunday, October 04, 2015

Police Departments Adding "In God We Trust" To Patrol Cars

The New York Times, in an article posted yesterday, reviews the growing trend among law enforcement agencies in the South and Midwest to place the national motto "In God We Trust" on their squad cars. The Times reports:
“With the dark cloud that law enforcement has been under recently, I think that we need to have a human persona on law enforcement,” said Sheriff Brian Duke of Henderson County, Tenn. “It gave us an opportunity to put something on our cars that said: ‘We are you. We’re not the big, bad police.’ ”
But critics worry that displays of “In God We Trust” on taxpayer-funded vehicles cross the threshold of constitutionality, even though the courts have repeatedly brushed aside challenges to the motto, which Congress enshrined in 1956. Explanations like the one Sheriff Duke offered have not curbed those frustrations.
“This motto has nothing to do with the problem of police forces’ shooting people, but it’s a great way to divert attention away from that and wrap yourself in a mantle of piety so that you’re above criticism,” said Annie Laurie Gaylor, a co-president of the Freedom From Religion Foundation, a Wisconsin-based group that has demanded that law enforcement officials stop exhibiting the motto. “The idea of aligning the police force with God is kind of scary. That’s the first thing you’d expect to see in a theocracy.”

Sunday, May 17, 2015

Atheist Activist Will Use RFRA To Challenge "In God We Trust" On Money

Atheist activist Michael Newdow is looking for individuals who will act as plaintiffs in a new set of challenges to "In God We Trust" on U.S. coins and currency.  For the first time, the suits will rely primarily on the Religious Freedom Restoration Act.  In a post last Friday on Friendly Atheist, Newdow says suits are being prepared in states in the seven federal circuits that have not already upheld the constitutionality of the national motto on coins and currency. The cases will argue that being forced to carry a message that violates one's religious ideals is substantially burdensome, and that the government has no compelling interest in having the motto on coins and currency. As pointed out by Inquisitr,  this is the latest recent attempt to turn state and federal RFRA's-- which have been strongly supported by conservative Christian groups-- into tools to oppose the conservative Christian agenda.

Tuesday, April 21, 2015

North Carolina Counties Approve Display of "In God We Trust" Signs

Christian Post reported yesterday that the  McDowell County, North Carolina Board of Commissioners last week, working with the U.S. Motto Action Committee, approved placing "In God We Trust" signs in county buildings.  Two other county commissions in North Carolina took similar action earlier this year. Local reaction to the McDowell County decision has been mixed.

Tuesday, December 30, 2014

Kentucky Legislature Hearing Rooms Now Have "In God We Trust" Signs

In Kentucky, state officials have hung eleven "In God We Trust" signs in committee rooms in the state Capitol building and Capitol annex.  According to AP, the signs-- paid for with private donations-- were authorized by legislation enacted earlier this year. Similar signs already hang in the House and Senate chambers.  Sen. Albert Robinson, sponsor of the legislation authorizing the signs, said: "This is America. I feel like this nation was and is established by God.  We need to show the same respect in the committee rooms that we show in the Senate and House chambers." The signs put up in the committee rooms are temporary ones, because the permanent ones would not be ready by the time the legislature reconvenes on Jan. 6.

Thursday, May 29, 2014

2nd Circuit OK's "In God We Trust" On Money

In Newdow v. Peterson, (2d Cir., May 28, 2014), the U.S. 2nd Circuit Court of Appeals rejected challenges to 31 U.S.C. §§ 5112(d)(1) and 5114(b), which require that the national motto "In God We Trust" be placed on all coins and currency. The court agreed with 4 other Circuits that the statutory provisions do not violate the Establishment Clause, Free Exercise Clause, or RFRA, saying in part:
As the Supreme Court has repeatedly indicated in dicta, the statutes at issue in this case have a secular purpose and neither advance nor inhibit religion.....
Appellants argue that ... using currency ... requires them “to bear on their persons . . . a statement that attributes to them personally a perceived falsehood that is the antithesis of the central tenant of their religious system.”... Appellants also contend that using money forces them to proselytize.... We respectfully disagree....  As the Supreme Court has previously indicated, the carrying of currency, which is fungible and not publicly displayed, does not implicate concerns that its bearer will be forced to proclaim a viewpoint contrary to his own.
RNS reports on the decision.