House OKs Bill Guarding Pledge From Courts

A class of fourth and fifth graders at Pelham Road Elementary School say the Pledge of Allegiance Friday Oct. 12, 2001, in Greenville, S.C. The House voted to protect the pledge from federal judges who might try to stop schoolchildren and others from reciting it because of the phrase 'under God.' (AP Photo/Mary Ann Chastain, FILE) (Mary Ann Chastain - AP)

He noted that "past efforts to bar all federal court review of hot-button social issues have consistently failed. Hence, if this bill is enacted, it would be a highly significant landmark in terms of congressional efforts to control the actions of federal courts."

There is a companion Senate bill, but it is unclear whether the Senate will take it up in the current session.

House Minority Whip Steny Hoyer, D-Md., said that while he supported the pledge and disagreed with the 9th Circuit Court's ruling, the bill would "intrude on the principle of separation of powers, degrade our independent federal judiciary and set a dangerous precedent."

Rep. Dana Rohrabacher, R-Calif., said the effort to strip courts of authority could come back to haunt his fellow conservatives if liberals gain control of Congress in the future. As an example, he said Congress could prevent the Supreme Court from ruling on a state's decision to ban guns.

The Rev. Barry Lynn, executive director of Americans United for Separation of Church and State, said that under the bill, "religious minorities will no longer have the right to go to federal court to defend their deeply held religious beliefs."

The pledge bill was part of the House GOP's "American values agenda" that House Speaker Dennis Hastert, R-Ill., said would "defend America's founding principles." Another part of that agenda, a constitutional amendment to ban gay marriage, was defeated in the House on Tuesday.

Also on Wednesday, the House was voting on legislation that would designate a 29-foot-high cross as a federal war memorial to prevent it from being removed from public land in San Diego.

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The bill is H.R. 2389

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