HomeMy WebLinkAboutLegal Opinion - In God We Trust - America Inc (2) CAPITAL OFFICE
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SOUTHERN CALIFORNIA OFFICE � �o�sraer Iuen^wty General
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714.796.7150•FAX 714.796.7182 PACIFIC JUSTICE
SF BAYAREA OFFICE INSTITUTE President
212-9th Stem Oakl;aTid,CA 94607 KEVIN T.JNIDLR,ESQ.
510.834.7232 FAX 510.834.11784
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Jacquie Sullivan
Founder/President
In God We Trust-- America, Inc.
Bakersfield, California
Re: "In God We Trust" Displays
Dear Ms. Sullivan,
It has come to our attention that your organization is promoting displays
throughout the nation commemorating the national motto, "In God We Trust." We are
writing to offer our perspective on this important issue, and also to offer our
representation at no charge should any government entities which approve the displays
t encounter any legal opposition.
By way of introduction, Pacific Justice Institute is a nonprofit organization which
specializes in defending religious liberty, including our nation's religious heritage. PJI is
currently an intervener/defendant which, alongside the U.S. Department of Justice, is
providing the legal defense in Newdow v. Lefcvre, a lawsuit challenging the inclusion of
the national motto on our nation's currency.
As you may have heard, the federal Ninth Circuit Court of Appeals unanimously
agreed with our position that the motto is constitutional. In its decision filed March 11,
2010, the Ninth Circuit explained that displaying such a venerable reminder of our
national heritage and identity as the national motto is unquestionably constitutional.
The Ninth Circuit's ruling follows every other court and judge in the nation that has
considered the national motto, including the following:
• Lambeth v. Bd. of Conini rs of Davidson County, 407 F.3d 266 (41h Cir. 2005),
held a county board's decision to authorize inscription of"In God We Trust" on
facade of county government center did not constitute a violation of the
Establishment Clause.
• Schrnidt v. Cline, 127 F.Supp.2d 1169 (D. Kan, 2000), held constitutional the
placement in a county building of posters bearing the motto. The court relied on a
previous Tenth Circuit decision finding that the motto has a secular purpose akin
to Justice O'Connor's well-known references to "ceremonial deism".
® Myers v. Loudoun County School Bd., 251 F. Supp. 2d 1262 (E.D. Va. 2003),
upheld as constitutional a school's implementation of a state statute requiring
schools to post the national motto in every public school building.
Pacific Justice Institute
Page 1 of 2, Letter to to God We Trust America
June 4,2010
"Raising the Torch offirstice for Our Civil Liberties"
www.pacificjttstice.org org
Numerous Supreme Court decisions and opinions of individual justices have
pointed to the national motto as an example of constitutionality, see, e.g, Wooley
v, Maynard, 430 U.S. 705, 717, n.15 (1977); Lynch v, Donnelly, 465 U.S. 668,
693 (1984); County of Allegheny v. ACLU, 492 U.S. 573, 602-3 (1989); Stone v.
Graham, 449 U.S. 39, 45 (1980) (Rehnquist, J., concurring); School Dist of
Abington Twp. v. Schempp, 374 U.S. 203, 303 (1963) (Brennan, J. concurring);
Marsh v. Chambers, 46,3 U.S. 783, 818 (1983) (Brennan, J. dissenting); Santa Fe
Indep. Sch. Dist. v, Doe, 530 U.S. 290, 322-323 (2000) (Rehnquist, C.J.
dissenting); Van Orden v, Perry, 125 S.Ct. 2854, 2879 (2005) (Stevens, J.
dissenting); McCreary County v. ACLU, 125 S.Ct. 2722, 2750 (2005) (Scalia, J.
dissenting).
As the foregoing cases attest, numerous legal authorities at all levels of the federal
judiciary and throughout the country support displaying the national motto in a public
setting.
In conclusion, the Pacific Justice Institute would like to commend your organization
for promoting the national motto, and to assure you that under applicable case law, such
recognitions are clearly constitutional. Should any government entity receive legal
threats from those who oppose even innocuous acknowledgements of religion in public
life, the Pacific Justice Institute would be honored to defend them at no charge in state or
federal court. To take advantage of this offer, or if you have any other questions about
this important issue,please do not hesitate to contact Pacific Justice Institute at either
(916) 857-6900 (Northern California office), (510) 834-7232 (Bay Area Office), (714)
796-7150 (Southern California office), or via our website at www.pji.org.
Sincerely,
Matthew B. McReynolds
Staff Attorney
PACIFIC JUSTICE INSTITUTE
Pacific Justice Institute
Page 2 of 2,Letter to In God We Trust America
June 4,2010