U.S. District Court Judge Reggie Walton refuses to remove prayers and the phrase “so help me God” from Barack Obama’s Inauguration
Walton heard the case on Jan 15, in Washington D.C. The suit, which was filed by atheist activist Michael Newdow, alleged that the religious features of the Inauguration "are completely exclusionary, showing absolute disrespect to plaintiffs and others of similar religious views, who explicitly reject the purely religious claims that will be endorsed, i.e., (a) there exists a God, and (b) the United States government should pay homage to that God."
Newdow, who also attempted to remove God from both of George Bush’s Inauguration Ceremonies, was joined in the suit by 18 other individuals and 10 atheist organizations. Chief Justice John Roberts, Rev. Joseph Lowery and Rev. Rick Warren were among the list of defendants.
In his ruling, Judge Walton questioned whether he even had the authority to rule in favor of the plaintiffs, citing the president-elect's right to free speech. He also expressed doubt that the prayers "(are) somehow going to give the impression that the government is endorsing religion."
Newdow says "He has no right to do what the president-elect has asked him to do when it violates the Constitution." Newdow, who is an emergency room doctor and holds a law degree, said "Look at what the government is getting into here…Look at all the angst this is causing. The government shouldn't be in the religion business."
The Presidential oath, as written in Article 2, Section 1 of the Constitution does not include the words, “so help me God.” Many past presidents have added the phrase, and it is often incorrectly assumed to be part of the original text. However, the only official wording that the constitution declares the president must say is: "I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
According to Beth Hahn, historical editor for the U.S. Senate Historical Office, "The first eyewitness documentation of a president saying 'So help me God' is an account of Chester Arthur's Sept. 22, 1881, inauguration in the New York Times.” Despite a widely-circulated legend that George Washington used the words in the first oath of office, many scholars think that it is highly unlikely that George Washington, who presided over the Constitutional Convention and was considered a constitutional literalist, would alter the original language of the document.
Newdow is not planning on appealing the denial of an injunction. "I won't stop it for this inaugural,” Newdow said. “But hopefully the next one.”