Girl in Pledge Case Cannot Attend Court.

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Author: Hendrie, Caroline

The California 4th grader whose father is challenging the constitutionality of the Pledge of Allegiance will not be allowed to hear him argue his case this month before the U.S. Supreme Court.

A state family court judge who is handling the ongoing custody fight between Michael A. Newdow and the mother of his daughter last week turned down the father's request to take the girl to Washington, on grounds that it could be harmful to her.

Children are not allowed to be present during court proceedings in which their parents' custody battles are discussed, and the judge deemed it likely that questions about custody of the girl would arise during the March 24 oral arguments in Elk Grove Unified School District v. Newdow (Case No. 02-1624).

Dr. Newdow, a medical doctor with a law degree who is representing himself, said last week that he was disappointed that his daughter would miss a "once-in-a-lifetime opportunity" to hear her father argue before the Supreme Court. But the girl's mother, Sandra L. Banning, said she was pleased with the ruling. Ms. Banning does not object to the pledge and has protested Dr. Newdow's involvement of their daughter in the case.(See Education Week, March 3, 2004.)

Besides the constitutionality of the Elk Grove, Calif., school district's policy of requiring daily, teacher-led recitations of the pledge, the high court is considering whether Dr. Newdow had legal standing to challenge that policy. His custody status bears directly on the issue of standing.

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By Caroline Hendrie