The justices based their 8-0 decision on a legal technicality that an Elk Grove, California man could not represent his 10-year-old daughter because he did not have legal custody of the girl.
Moments after the Supreme Court's ruling was announced, students at Elk Grove Elementary School, recited the Pledge of Allegiance, including the words "under God."
The decision overturned an earlier ruling by a California U.S. appeals court that recital of the words "under God" in the Pledge of Allegiance violated the separation of church and state clause of the First Amendment to the Constitution.
In a written, concurring opinion, Chief Justice William Rehnquist and Justices Sandra Day O'Connor and Clarence Thomas wrote that had the case been decided on its merits, rather than a technicality, they would have upheld the words "under God" as constitutional.
"Reciting the pledge, or listening to others recite it, is a patriotic exercise, not a religious one; participants promise fidelity to our flag and our nation, not to any particular God, faith or church," Rehnquist wrote.
O'Connor agreed, writing, "Certain ceremonial references to God and religion in our nation are the inevitable consequence of the religious history that gave birth to our founding principles of liberty."
Congress added the words "under God" to the Pledge 1954 at the request of President Eisenhower, who stated at the time, "In this way we are reaffirming the transcendence of religious faith in America's heritage and future; in this way we shall constantly strengthen those spiritual weapons which forever will be our country's most powerful resource in peace and war." (See: Brief history of the Pledge of Allegiance)
