An atheist seeking to strike the words "under God" from the Pledge of Allegiance in public schools has won a major battle in his quest to force the US Supreme Court to take up the issue again.
US District Judge Lawrence Karlton sided with atheist Michael Newdow in a ruling yesterday that found the pledge's reference to God violates the rights of children in three school districts to be "free from a coercive requirement to affirm God".
Judge Karlton said he was bound by precedent of the 9th US Circuit Court of Appeals, which in 2002 ruled in favour of Mr Newdow that the pledge is unconstitutional when recited in public schools.
The Supreme Court dismissed the case last year, however, saying Mr Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of.
Nonetheless, the latest decision could set up another church-state showdown at a time when the Supreme Court is in flux.
John Roberts, who would succeed the late William H. Rehnquist as chief justice, is undergoing confirmation hearings, and Justice Sandra Day O'Connor is retiring when a successor is confirmed.
AP