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ADF: Atheists’ Lawsuit Against National Motto Should Be Thrown Out

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Alliance Defending Freedom filed a friend-of-the-court brief with the U.S. Court of Appeals for the 2nd Circuit Thursday in support of the use of the national motto, “In God We Trust,” on U.S. coins and currency. Last February, a group of atheists filed a lawsuit against the federal government that claims the use of the national motto on money is unconstitutional even though it is a practice that has deep roots in American history and federal courts have repeatedly upheld it as constitutional.

The Alliance Defending Freedom brief explains that merely being offended is not a sufficient legal cause (known as “standing”) on which to file a lawsuit attacking the national motto.

“Americans shouldn’t be forced to abandon their religious heritage simply to appease someone’s political agenda,” said Litigation Counsel Rory Gray. “Courts have repeatedly ruled that the national motto, ‘In God We Trust,’ is constitutional and can be used on U.S. currency, and that is the correct conclusion. In addition to the fact that numerous courts have already rejected the lawsuit’s claims, those bringing this suit can’t do so simply because they are offended by a historical phrase.”

As the Alliance Defending Freedom brief filed in Newdow v. United States of America explains, the government’s expenditure of tax dollars to create coins and currency is “a secular government function” that does not further any religious ends. The brief also notes that “ideological frustration” or “subjective feelings of offense and alienation” are not legitimate reasons to file a lawsuit. “Federal courts are not forums for the ventilation of public grievances,” the brief says.

“The emotional response of offended atheists does not amount to a violation of the Establishment Clause,” added Senior Legal Counsel Jeremy Tedesco. “This lawsuit is based on a deep misunderstanding of the First Amendment. It should be dismissed.”

Joseph Ruta, one of nearly 2,300 attorneys allied with Alliance Defending Freedom, is local counsel for ADF.

 

 
Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.