Pledge of Allegiance Lawsuit Dismissed

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The U.S. Supreme Court decided Monday to dismiss a lawsuit filed by a California Atheist claiming the use of the words "Under God" in the Pledge of Allegiance is a violation of the separation of church and state.

Michael Newdow filed the suit on behalf of his daughter. He says it is unfair she should have to hear and recite the words "under God" every day at school. Justices tossed his case out on a technicality. They say he does not have the legal right to sue on his daughter's behalf because he does not have custody of her.

Newdow is currently involved in a custody dispute with his ex-wife.

One this both sides agree on, the Supreme Court skirted the issue.

The head of Americans United for Separation of Church and State
says justices "ducked this constitutional issue today.'' The Reverend Barry Lynn says students shouldn't be forced to back one religion "in order to show love of country."

The top lawyer for the American Center for Law and Justice says
it's clear that students can say "under God'' in the pledge now. But, he says, "The court did not address the merits of the case.''