2A - The Michigan Daily - Thursday, September 15, 2005 NATION/WORLD Judge strikes down Pledge Of Allegiance SAN FRANCISCO (AP)-- A federal judge declared the reciting of the Pledge of Allegiance in public schools unconstitutional yesterday, a decision that could put the divisive issue on track for another round of Supreme Court arguments. The case was brought by the same atheist whose previous battle against the words "under God" was rejected last year by the Supreme Court on procedural grounds. U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation "under God" violates school children's right to be "free from a coercive requirement to affirm God." Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael New- dow that the pledge is unconstitutional when recited in public schools. The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of. Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue. Newdow hopes that will make it more likely the merits of his case will be addressed by the high court. "All it has to do is put the pledge as it was before, and say that we are one nation, indivisible, instead of dividing us on religious basis," Newdow told The Associated Press. "Imagine every morning if the teachers had the children stand up, place their hands over their hearts, and say, 'We are one nation that denies God exists,'" Newdow said. Students at Giese Elementary School in Racine, Wis., recite the Pledge of Allegiance "I think that everybody would not be sitting here say- ing, 'Oh, what harm is that.' They'd be furious. And that's exactly what goes on against atheists. And it shouldn't." Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts in Sacramento County, where the plaintiffs' children attend. The order would not extend beyond those districts unless it is affirmed by the 9th Circuit, in which case it could apply to nine western states, or the Supreme Court, which would apply to all states. The decision sets up another showdown over the pledge in schools, at a time when the makeup of the Supreme Court is in flux. Yesterday's ruling comes as Supreme Court nominee John Roberts faces day three of his con- firmation hearings before the Senate Judiciary Committee. He would succeed the late William Rehnquist as chief justice. In July, Sandra Day O'Connor announced her plans to retire when a successor is confirmed. The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court. "It's a way to get this issue to the Supreme Court for a final decision to be made," said fund attorney Jared Leland. The decisions by Karlton and the 9th Circuit con- flict with an August opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Va. "Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to assert that the words 'under God' contain no religious significance," Judge Karen Williams wrote for the 4th Circuit. "The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity." NEWS IN BRIEF F' BOSTON State officials reject gay marriage ban The Massachusetts Legislature rejected a proposed change to the state constitu- tion yesterday aimed at banning gay marriage, a striking reversal that preserves the state's status as the only place in the nation where same-sex couples can wed. A year after Massachusetts politicians appeared destined to undo a court order that has allowed thousands of same-sex couples to marry since May 17, 2004, the Legislature voted 157-39 against the proposed constitutional amendment. It was the second time the Legislature had confronted the measure. Lawmakers were required to approve it in two consecutive sessions before the proposal could move to the statewide ballot in 2006 for a final decision by voters. The measure, which would have allowed Vermont-style civil unions, won pas- sage by a 105-92 last year. The proposal also was opposed by critics of gay marriage, who want to push for a more restrictive measure. "The union of two women and two men can never consummate a marriage. It's physically impossible," said state Rep. Phil Travis, a Democrat. "The other 49 states are right and we are wrong." WASHINGTON Displaced families will get vouchers More than 350,000 families made homeless by Hurricane Katrina would get emergency housing vouchers averaging $600 a month for up to six months under a measure approved yesterday by the Senate. Any displaced family regardless of income would be eligible for the pro- gram, expected to cost $3.5 billion over six months. The action came as Senate Democrats scolded the nation's security chief for failing to take advantage of a national emergency response plan to send mas- sive federal aid to the Gulf Coast before Hurricane Katrina hit. Democrats said Homeland Security Secretary Michael Chertoff delayed declaring Katrina an "incident of national significance" - a designation that would have triggered a quick and massive federal response - until a day after the hurricane hit, even though weather forecasts predicted the storm would cause widespread destruction. CAROLINA BEACH, N.C. Hurricane Ophelia makes land-fall Hurricane Ophelia lashed the North Carolina coast with high winds and heavy rains yesterday, beginning an anticipated two-day assault that threatened serious flooding. With the slow-moving storm expected to produce up to 15 inches of rain in plac- es, Gov. Mike Easley told people to get out of the storm's path. "If you have not heeded the warning before, let me be clear right now: Ophelia is a dangerous storm," the governor said from Raleigh, warning of storm surges that could reach 11 feet. As it brushed the coast, Ophelia ripped away one barrier island street and chased emergency personnel to shelter. The storm had sustained wind of 85 mph yesterday afternoon, according to the National Hurricane Center. Roberts's confirmation almost certain WASHINGTON (AP) - Supreme Court nominee John Roberts carefully picked his way through a second day of questions from the Senate Judiciary Committee yesterday as Republicans challenged Democrats to support his all- but-certain confirmation as the nation's 17th chief justice. "If people can't vote for you, then I doubt that they can vote for any Repub- lican nominee," said Sen. Orrin Hatch (R-Utah.) Minority Democrats sounded unswayed. Sen. Charles Schumer (D-NY) told Roberts he was "cutting back a little on what you said yesterday," referring to Roberts's earlier statement that the Con- stitution provides a right to privacy. The New York Democrat made his charge after Roberts declined to cite any examples of disagreement with the opinions of Justice Clarence Thomas. Thomas has written there is no general right to privacy, a right often viewed as the underpinning of a right to abortion. "We are rolling the dice with you," Sen. Joseph Biden (D-Del.) told the 50-year-old appeals court judge, who turned aside questions about abortion, the right to die, the permissibility of torture and other issues he said may come before the court. Even as Roberts fielded questions, there was fresh evidence of the con- tentious issues that await him if he is confirmed to replace the late Chief Justice William Rehnquist. There were gasps from the audience when word was relayed from the committee dais that a federal judge in California had ruled the recitation of the Pledge of Allegiance in public schools was unconstitutional because it includes the words "under God." Roberts was not asked for his opinion. For the second straight day, Roberts fielded questions calmly, summoning descriptions of past cases from mem- ory. He spiced his testimony with a sense of humor, promising at one point that if confirmed, he would not seek a pay raise "next week." Republicans projected ever greater confidence that he would soon preside in the grand marble Supreme Court build- ing across the street from the Capitol. "We need you to bring to the court your compassion and your understand- ing for the lives of others who haven't been as successful as you have been," said Sen. Mike DeWine (R-Ohio) one of several Republicans who spoke as if giving a send-off message to a man about to embark on a new mission. GOP officials say they are confident of the support of all 10 Republican members of the committee when the roll is called next week, although it is possible all eight Democrats will oppose him. .1 UNITED NATIONS Annan defends U.N against critcism After a year of mounting criticism, Secretary-General Kofi Annan defended the United Nations yesterday and urged global leaders to restore the organization's credibility by adopting broad reforms needed for the world to act together to tackle poverty, terrorism and conflict. Addressing a summit that he called a year ago in hopes of winning approval for an ambitious blueprint to modernize the United Nations on its 60th anniversary, Annan told more than 150 presidents, prime ministers and kings that "a good start" had been made. But he said sharp differences had blocked-"the sweeping and fundamen- tal reform that I and many others believe is required." Instead of a celebration of U.N. achievements since its founding in the ashes of World War II, the summit was much more a somber reappraisal of its shortcomings and a debate about how to meet the daunting challenges of a world becoming more and more interlinked. - Compiled from Daily wire reports cbe £idiigu Daig 420 Maynard St., Ann Arbor, MI 48109-1327 www.michigandaily.com JASON Z. 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