The Elk Grove County School Board, which also begins its sessions with the Pledge of Allegiance, says he doesn't have the right, but even if he does, the pledge is a patriotic exercise, not a religious one.

DAVID GORDON (Superintendent of Schools, Elk Grove): I think it was a historical evolution of the Congress, saying we want to recognize in our patriotic observance the fact that God and religion played a major role in the development of this country.

O'BRIEN: The school board has the backing of the Bush administration, which told the court: "Whatever else the Establishment Clause may prohibit, this court's precedents make clear that it does not forbid the government from officially acknowledging the religious heritage, foundation, and character of this nation. Reciting the pledge is a patriotic exercise, not a religious testimonial."

There are references to God in Lincoln's Gettysburg Address, in the Declaration of Independence, and religion is even minted on our money. The late Justice William Brennan, a liberal, characterized both the national motto "In God We Trust" as well as references to God in the pledge as "ceremonial deism," writing that they "have lost through rote repetition any religious content." Newdow disagrees.

Mr. NEWDOW: First of all, it's in schools. And the Supreme Court has been -- in nine out of nine cases -- they've said anytime there's any government-sponsored religious dogma inculcated in the schools, "Absolutely no." It's little children, impressionable children.

O'BRIEN: And it is also a "pledge" -- a "promise." The year 1954, when Congress added the words "under God," is remembered for the Cold War; but it was also a time when the government was much more accommodating of religion. Organized prayer in the school was routine, and it was another 20 years before the Supreme Court would rule government may not act with a religious purpose. The attorney for the school board says the passing of time is not a factor:

TERENCE CASSIDY (Attorney, Elk Grove School Board): The fact that the pledge was amended in 1954, or would be amended today or tomorrow, would not make any difference because the pledge with the words "under God" simply reflects our historical tradition in religion.

Mr. NEWDOW: We have a history that a lot of people believed in God. We also have a history of people that didn't believe in God. And the main history that we had was a history that we had religious freedom.

O'BRIEN: And Newdow sees real, immediate harm to his daughter.

Mr. NEWDOW: Should she decide to grow up and be an atheist, which she may well do, she will be part of this environment that is prejudiced against atheists. We have harm right now. You know, no atheist can be elected to public office in this nation because, I think, largely because the government keeps saying "real Americans believe in God."

O'BRIEN: A Pew poll taken last July found that 52 percent of Americans would be reluctant to vote for a candidate without religion, and 41 percent would not vote for an atheist.

Even if the court were to find Congress sent the wrong message by adding the words "under God" in 1954, that would not be the end of the case. The school board contends that removing those words now -- after 50 years -- would send another message, equally offensive, a message of hostility toward religion and the idea of "one nation under God."

Mr. CASSIDY: If the court were to even consider removal of the words "under God," that would be in some manner favoring nonreligion, or favoring the atheist point of view, and that, in and of itself, is a potential violation of the Establishment Clause.

O'BRIEN: Newdow acknowledges that most Americans would like him to lose.

Mr. NEWDOW: My chances? I think they're excellent. The law is totally on my side. There's no question.

O'BRIEN: Only eight justices will participate. The ninth, Justice Antonin Scalia, has taken himself out of the case after Newdow complained Scalia had revealed a bias in public remarks about the lower court decision. Should the remaining justices split four -to four, the lower court ruling striking down the pledge would be affirmed.

Children in California and the eight other Western states covered by the 9th Circuit would have to stop using the words "under God." But the rest of the country could continue with the pledge as it is -- at least until the Supreme Court revisits the issue on some other day, in some other case. For RELIGION & ETHICS NEWSWEEKLY, I'm Tim O'Brien in Elk Grove, California.