Newdow v. United States of America (Second Circuit)
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God is not a dirty word. The Founders believed this and courts have continually upheld their view.
Yet atheist activist Dr. Michael Newdow has sued again and again to scrub “God” from the public square. For years, he has repeatedly attacked our national motto, “In God We Trust,” by suing the government. The motto is based on the national anthem and first appeared on U.S. coins in 1864. So far, his lawsuits have all been rejected.
In 2014, the Second Circuit Court of Appeals rejected Newdow’s argument that the national motto violates the Constitution’s Establishment Clause by “establishing a monotheistic religion.” Becket’s amicus brief countered those arguments, explaining that for the Founders who wrote the First Amendment, an “establishment of religion” meant an official state church with government funding, government control, and fusion of church and state – and that honoring our nation’s religious heritage on our coinage is not one of them.
Newdow’s latest two lawsuits in his crusade against the word God are in the Sixth Circuit and Eighth Circuit courts of appeals. These lawsuits are an attempt to create a heckler’s veto for atheists—a chance for anyone who disagrees with the government to dictate what it can say about our nation’s history. Becket’s briefs in the Sixth Circuit and Eighth Circuit explain to the courts that if Newdow succeeds here, church-state conflict will balloon, and we will see a lot more litigation against God around the country.
US Attorney’s Office, Southern District of New York is counsel in this case.