Newdow Lawsuit Challenges Inaugural Oath and Invocation

Tuesday, December 30, 2008

Michael Newdow's website reports that a lawsuit was filed yesterday in Washington, D.C. federal district court challenging two elements of the upcoming inauguration ceremony planned for Barack Obama. The complaint (full text and links to Appendices) in Newdow v. Roberts, (D DC, filed 12/29/2008) asks the court to enjoin the Chief Justice-- who will administer the oath of office-- from adding "so help me God" to the constitutionally prescribed presidential oath (Art. II, Sec. 1). It also asks the court to declare unconstitutional the use of clergy to deliver an invocation and benediction. Plaintiffs allege that both of these practices violate the Establishment Clause, Free Exercise Clause and the Religious Freedom Restoration Act. In addition to the Chief Justice, defendants include the Presidential Inaugural Committee and its leaders, and the clergy scheduled to take part in the ceremony. Over 25 individuals and organizations-- atheist and secular humanist in belief-- are named as plaintiffs.

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