Newdow v. United States
753 F.3d 105
2d Cir.2014Background
- Appellants challenge 31 U.S.C. §§ 5112(d)(1) and 5114(b) requiring the motto 'In God We Trust' on currency.
- District court dismissed under Rule 12(b)(6); ruling upheld on appeal.
- Plaintiffs include atheists, secular humanists, a teacher, parents, and organizations alleging harm from the motto.
- Defendants include the United States, Mint and Treasury officials, and the U.S. government.
- Court notes prior circuit rulings have found no constitutional violation; adopts Lemon framework as controlling for Establishment Clause analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the motto on currency violate the Establishment Clause | Newdow argues the motto advances religion and harms nonbelievers | Defendants contend the motto has secular purpose and ceremonial character | No Establishment Clause violation |
| Do RFRA/Free Exercise claims prevail against currency bearing the motto | RFRA requires strict scrutiny for substantial burden on religion | Carrying currency does not substantially burden religious practice | RFRA/Free Exercise claims fail; no substantial burden |
| What standard governs review of a Rule 12(b)(6) dismissal in this context | (Not explicitly stated as a separate argument) | (Not explicitly stated as a separate argument) | De novo review applied to Rule 12(b)(6) dismissal |
Key Cases Cited
- Lynch v. Donnelly, 465 U.S. 668 (1984) (motto as ceremonial deism; secular purpose)
- County of Allegheny v. ACLU Greater Pittsburgh Chapter, 492 U.S. 573 (1989) (ceremonial references to religion; neutrality considerations)
- Van Orden v. Perry, 545 U.S. 677 (2005) (mottos on government property; ceremonial context)
- O'Hair v. Murray, 588 F.2d 1144 (5th Cir. 1979) (upholding constitutionality of motto placement on currency)
- Aronow v. United States, 432 F.2d 242 (9th Cir. 1970) (motto and currency inscription not constitutionally violative)
- Wooley v. Maynard, 430 U.S. 705 (1977) (currency vs. license plate display distinctions; public display concerns)
- Newdow v. Lefevre, 598 F.3d 638 (9th Cir. 2010) (not overruled Aronow; dicta respected)