God And The Constitution: "In God We Trust"?

In God We Trust has been the official motto of the United States of America since 1956 and has appeared on US currency since 1938, but does it appear in the Constitution? The short answer is no, it does not. However, the phrase's constitutionality has been hotly contested, with some arguing that it violates the secular character of the nation and the First Amendment, while others claim it is a harmless nod to the country's religious heritage.

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The motto In God We Trust has appeared on US currency since 1864 and on all currency since 1955

The motto "In God We Trust" has a long and complex history in the United States, with its usage dating back to the 1800s. The phrase first appeared on American currency in 1864 during the Civil War, influenced by heightened religious sentiment and public urging. It was placed on coins, reportedly in response to a petition by Rev. Mark R. Watkinson, who wished to "relieve us from the ignominy of heathenism" and assert that God was on the Union side of the war.

Since its introduction on currency, "In God We Trust" has faced numerous legal challenges and debates regarding its constitutionality. Opponents argue that the phrase amounts to a governmental endorsement of religion, violating the Establishment Clause of the First Amendment and the secular character of the nation. They also contend that it predefines the type and number of gods, which should be a personal choice. The Freedom From Religion Foundation and atheist individuals and organizations have been at the forefront of these challenges, expressing concerns about the motto's impact on religious minorities.

However, federal courts, including the 8th Circuit Court of Appeals, have consistently upheld the constitutionality of the motto. They ruled that the phrase does not violate the First Amendment, the Establishment Clause, or the Free Exercise Clause. Judges have interpreted the motto as having a secular purpose, fostering patriotism, and referencing the nation's religious heritage. They assert that it does not advance or inhibit any particular religion and that it falls under permissible "references" to the country's history and culture.

Despite the legal rulings, the motto's presence on currency, license plates, and official buildings continues to spark debate. Some individuals, including those from religious minorities, may feel uncomfortable with the reference to God endorsed by the government. On the other hand, proponents argue for its inclusion, citing the traditional invocations of God and the beliefs of the nation's founders. "In God We Trust" became the official motto of the United States in 1956, and it has appeared on all currency since 1955, solidifying its place in the nation's fabric.

The motto has faced legal challenges, with critics arguing it violates the First Amendment

The motto "In God We Trust" has faced numerous legal challenges, with critics arguing that it violates the Establishment Clause of the First Amendment by endorsing a religion and coercing participation in a religious practice. The Freedom From Religion Foundation, for example, filed a federal lawsuit challenging the inclusion of the motto on coinage, arguing that it violated the separation of church and state.

However, federal courts have consistently upheld the constitutionality of the motto, citing its secular, patriotic, and ceremonial character. In Newdow v. Peterson (2014), the 2nd U.S. Circuit Court of Appeals rejected the challenge, finding that the laws had a secular purpose and did not advance or inhibit religion. The court's decision was in line with previous rulings, such as the Sixth Circuit Court of Appeals' decision in 2001, which upheld the constitutionality of Ohio's state motto, "With God, All Things Are Possible," directly quoted from the Bible.

In 2004, a federal district court in North Carolina, in the case of Lambeth v. Board of Commissioners of Davidson County, determined that the inscription "In God We Trust" on a government building did not violate the separation of church and state. This decision was affirmed by the Fourth Circuit Court of Appeals the following year. Similarly, in 2006, a U.S. judge in the Eastern District of California, in Newdow v. Congress of the United States, wrote that the national motto was excluded from First Amendment significance due to its secular nature and lack of theological or ritualistic impact.

In 2024, the 8th Circuit Court of Appeals again affirmed the constitutionality of the motto on currency, stating that it did not violate the First Amendment's protection from government endorsing a religion or an individual's rights under the Religious Freedom Restoration Act. The court's majority opinion considered the Supreme Court's emphasis on historical practices, concluding that the motto's placement on currency was consistent with established practices and did not amount to impermissible coercion.

Despite these rulings, critics argue that the phrase creates an association between the government and the Christian God, particularly given the country's historical context and the majority Christian population. They contend that the motto is exclusionary towards religious minorities and that alternative historical phrases could be more inclusive and unifying.

Courts have upheld the motto's constitutionality, stating it does not endorse a religion

The constitutionality of the phrase "In God We Trust" has been repeatedly upheld by the courts, despite several challenges. The 8th Circuit Court of Appeals affirmed that the motto does not violate the First Amendment's protection from the government endorsing a religion. The courts have ruled that the motto does not violate the Establishment Clause, which states that "Congress shall make no law respecting an establishment of religion".

The courts have also stated that the motto does not amount to compelled speech, violate the Free Exercise Clause, or infringe on a person's rights under the Religious Freedom Restoration Act (RFRA). In addition, the courts have found that the motto has a secular purpose and does not advance or inhibit religion. The Supreme Court has also previously ruled that the First Amendment "insures that no religion be sponsored or favoured, none commanded, and none inhibited".

In 2004, O'Connor explained in her concurring opinion in Elk Grove Unified School District v. Newdow that "eradicating such references would sever ties to history that sustains this Nation". She continued that a "reasonable observer...fully aware of our national history and the origins of such practices, would not perceive these acknowledgements as signifying a government endorsement of any specific religion". O'Connor concluded that the government can "in a discrete category of cases, acknowledge or refer to the divine without offending the Constitution".

In 2006, a U.S. judge in the Eastern District of California wrote in Newdow v. Congress of the United States that the national motto is excluded from First Amendment significance because it "has no theological or ritualistic impact" and is of a "purely secular, 'patriotic' and 'ceremonial character". The Sixth Circuit Court of Appeals has also upheld the constitutionality of similar mottos, such as Ohio's state motto, "With God, All Things Are Possible".

Despite these rulings, some individuals and organizations continue to argue that the motto "In God We Trust" violates the secular character of the United States and constitutes an endorsement of religion by the government. They contend that it predefines the type and number of gods, favouring Christianity over other religions. In addition, the current social and historical context of the U.S. may make the court's dismissal reasoning less compelling. With more than 70% of religious individuals in the U.S. identifying as Christian, those who practice minority religions may feel pressured to accommodate the government's endorsement of religion.

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The Supreme Court has not directly ruled on the motto's compliance with the US Constitution

"In God We Trust" has been the official motto of the United States of America since 1956. It has been argued that the motto violates the secular character of the United States and goes against the Establishment Clause of the First Amendment. The Supreme Court has not directly ruled on the motto's compliance with the US Constitution. However, it has discussed the motto in footnotes and has not objected to its inclusion on coins and banknotes.

The Supreme Court's non-ruling on the motto's constitutionality has resulted in various lower court decisions and state court rulings. For example, in 2004, a federal district court in North Carolina determined that the inscription on a government building did not violate the separation of church and state. In 2014, the 2nd US Circuit Court of Appeals rejected a challenge to the inclusion of the motto on coinage, finding that the laws had a secular purpose and did not advance or inhibit religion. In 2023, a federal judge in Mississippi ruled that the state could not force individuals to display the motto on their license plates under the Free Speech Clause.

The Supreme Court's reluctance to directly rule on the motto's constitutionality can be attributed to the interpretational doctrine of accommodationism and the notion of "ceremonial deism". Accommodationism allows the government to endorse religious establishments as long as they are treated equally. Ceremonial deism suggests that repetitious invocations of a religious entity in ceremonial matters strip the phrase of its original religious connotation.

While the Supreme Court has not provided a definitive ruling on the matter, lower courts have generally upheld the constitutionality of the motto, citing its secular, patriotic, and ceremonial character. However, the motto continues to be a subject of debate, with some arguing that it endorses religion and violates the Establishment Clause.

The motto has been defended as a reference to the nation's religious heritage

The motto "In God We Trust" has been defended as a reference to the nation's religious heritage. The phrase first appeared on American currency in 1864 and was placed on all currency in 1955. It has been the official motto of the United States of America since 1956 and is codified in the laws of the United States. The inclusion of the motto on currency has been challenged in court, with some arguing that it amounts to a governmental endorsement of religion and thus violates the establishment clause of the First Amendment. However, federal courts have consistently upheld the constitutionality of the motto, citing that it has no theological or ritualistic impact and is of a purely secular, patriotic, and ceremonial character.

The Supreme Court has also ruled that the government's recognition of God does not constitute the establishment of a state church as the authors of the US Constitution intended to prohibit. This interpretation is known as ceremonial deism, which holds that religious references can become secular and constitutional through repetitious and customary usage. The court's decision in Lynch v. Donnelly (1984) listed the national motto as a permissible reference to the nation's religious heritage.

The inclusion of the motto on currency is consistent with historical practices. During the Civil War, a Pennsylvania clergyman, M.R. Watkinson, encouraged the placement of "In God We Trust" on coins to help the North's cause. The phrase was also used by the Union Navy and appeared in Confederate symbols and songs. President Abraham Lincoln's Treasury Secretary, Salmon P. Chase, a devout evangelical Episcopalian, directed the Philadelphia Director of the Mint to begin designing coins with the religious phrase.

In more recent times, the inclusion of the motto on currency and in other contexts has been influenced by political and social factors. During the Cold War, the US government sought to distinguish itself from the Soviet Union, which promoted state atheism. This led to increased lobbying for the inclusion of the motto in various contexts, such as postage stamps and the Pledge of Allegiance. Additionally, conservative opposition to the New Deal and the expansion of government influence contributed to the further adoption of the motto.

While some defend the motto as a reference to the nation's religious heritage, others argue that it is not inclusive of all citizens, especially those from minority religious groups. Critics argue that the motto excludes those who do not believe in God or practice a less common religion. They suggest that a more inclusive historical phrase could be adopted, such as "E Pluribus Unum" (out of many, one).

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