Bush, Congress denounce Pledge ruling

House members recite the pledge Thursday morning in Washington, D.C.

WASHINGTON (AP) -- Virtually the entire Senate showed up for a morning prayer Thursday, heads bowed as they stood at their desks, to affirm that the United States is "one nation under God" after a federal appeals court declared the Pledge of Allegiance unconstitutional in schools.

A nearly full House gathered for an enthusiastic recitation of the pledge, and later passed, 416-3, a resolution protesting Wednesday's decision by the 9th U.S. Circuit Court of Appeals.

President Bush denounced the court ruling as "out of step with the traditions and history of America."

Pledge of Allegiance I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.  CNN NewsPass Video    •  Does God exist in U.S. politics?   •  History of the Pledge of Allegiance   •  Voucher fight over money or faith?   •  Senate pledges allegiance   •  Man behind landmark pledge ruling  MORE STORIES   •  Courts send differing messages on church-state divide   •  Senators call Pledge decision 'stupid'   •  Republicans seize on Pledge decision  RESOURCES   •  On the Scene: Toobin: Pledge ruling likely 'dead on arrival'   •  CNN Access: Litigant explains why he brought Pledge suit   •  History of the Pledge   •  Read the court decision: Newdow v. U.S. Congress, et al. (FindLaw) (PDF)   •  Judges in Pledge of Allegiance decision  EXTRA INFORMATION   •  Gallery: A look at the three-judge panel that made the ruling RESOURCES CNN Access: Falwell, Lynn: Ministers debate pledge ruling      LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

On Thursday, the same judge who wrote the 2-1 decision, Circuit Judge Alfred T. Goodwin, stayed the ruling until other members of the appeals court can decide whether to change course. The case could be reheard by the same three judges or an 11-judge panel. Under court rules, the decision was already on hold for 45 days to allow for challenges.

The House action came the day after a similar resolution was approved in the Senate. Lawmakers in both chambers -- and both parties -- bitterly condemned the court ruling handed down in California.

"This absurd decision was made by a court run amok," said House Majority Whip Tom DeLay, R-Texas. "This Congress is not going to let anyone strip our nation of our proud heritage -- not now, not ever."

Rep. James Sensenbrenner, R-Wisconsin., asked, "What's next, a court ruling taking 'In God we trust' off the money? Or how about banning the performance of 'God Bless America' for Fourth of July celebrations?"

Rep. Bobby Scott, D-Virginia, who opposed the resolution, said that although he believes the pledge in schools should be found constitutional, the issue is best left to the courts.

"The only thing worse than the decision is the spectacle of members of the United States House of Representatives putting aside discussion of prescription drugs for Medicare to take up this resolution," Scott said.

Reps. Pete Stark and Michael Honda, both California Democrats, cast the other two "no" votes. Eleven Democrats voted simply "present."

Both houses of Congress start each working day with the pledge, but typically only a few lawmakers are in the chambers to recite it.

"We acknowledge the separation of sectarianism and state, but affirm the belief that there is no separation between God and state," Senate Chaplain Lloyd Ogilvie said in Thursday's morning prayer.

The Senate floor and partly filled visitors galleries were hushed as Ogilvie proclaimed, "We are one Senate, united under you, to lead a nation that is free to say confidently, 'In God we trust."'

While in Canada for an economic summit, Bush promised to appoint judges who would overturn such rulings.

"America is a nation ... that values our relationship with the Almighty," Bush told reporters. "We need commonsense judges who understand that our rights were derived from God."

In calling the Senate to order, its president pro tempore, Sen. Robert C. Byrd, D-West Virginia, said Ogilvie would lead "the prayer to almighty God, the supreme judge of the world."

"We are one nation under God. We affirmed that today as Americans, not as Republicans or Democrats, and we did so proudly," said Sen. Tom Daschle, D-South Dakota, who on Wednesday called the court's decision "nuts."

A 9th U.S. Circuit Court of Appeals panel ruled Wednesday that the use of the words "under God" violates the Constitution's clause barring establishment of religion. The ruling, if allowed to stand, would bar schoolchildren from reciting the pledge in the nine Western states covered by the court.

Less than four hours later, senators passed a resolution denouncing the court's decision, which came in a lawsuit filed by a California father who objected to his daughter's being compelled to listen to her second-grade classmates recite the pledge.

"I think we need to send a clear message that the Congress disagrees, the Congress is going to intervene, the Congress is going to do all that it can do to live up to the expectations of the American people," Daschle said.

Other lawmakers, including Sen. Joseph Lieberman, D-Connecticut, a potential 2004 presidential candidate, called for a constitutional amendment to make sure the words stay in the pledge.

"There may have been a more senseless, ridiculous decision issued by a court at some time, but I don't remember it," Lieberman said.

If Wednesday's ruling is not overturned by the full 9th U.S. Circuit Court of Appeals, the Supreme Court probably will review the case next year, constitutional scholars said.

Sen. Byrd called Goodwin, who wrote the decision, an "atheist lawyer."

"I hope his name never comes before this body for any promotion, because he will be remembered," Byrd said.

The 9th Circuit Court is known as the most liberal appeals court in the nation. Democrats and Republicans have been fighting all year over the pace of the Senate's confirmation of Bush's conservative judicial nominations.

Democrats pointed out that it was a Republican, President Nixon, who appointed Goodwin to the appeals court in 1971.

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