A federal court Tuesday upheld a new Texas law that added the words "one state, under God" to the Texas pledge of allegiance.
David Wallace Croft and his wife, Shannon, of Dallas, took the case to a federal court on Aug. 7 arguing that the phrase violates the separation between church and state.
"Church and religion is something that should be reserved for the private home and private schools," Shannon said. "We're not Christian haters, we just don't think it's appropriate for public schools."
The bill, authored by State Rep. Debbie Riddle, R-Tomball, unanimously passed through both the Senate and House during the 80th State Legislative session this past spring. Gov. Rick Perry's signature made the change to the pledge effective immediately on June 15.
Sanford Levinson, a law professor at the UT Law School and expert in constitutional law, said that to vote against the bill would bring negative ramifications for legislators.
"All together, plausibly, they would fear retribution from their constituents," Levinson said. "One can understand completely why legislators and judges would want to duck this and run the other way as fast as they can, but that is no excuse for any state adding 'under God' to the pledge of allegiance."
Levinson said the clause is unconstitutional, and the court should have ruled in favor of the Crofts.
English senior Henry McFayden, a former member of the short-lived Atheist Tree Fort organization at the University, said the phrase "shouldn't have been added in the first place, but it's not a big issue" for him.
According to the Handbook of Texas Online, the Texas pledge of allegiance was put into law in 1933, originally saying "Honor the Texas flag of 1836; I pledge allegiance to thee, Texas, one and indivisible."
The pledge was changed to say "Honor the Texas flag" in 1965 and remained unaltered until the recent change went into effect June 15, according to the Handbook.
"There are so many important things to worry about," said McFadyen, who has been an atheist since he was 13. "It has less of an impact the more it's repeated, so I don't see the big deal."
The court's decision has also met with apathy from Reid Porter, a geography senior and member of the UT Christian organization Campus Renewal Ministries.
"It's just a pledge that nobody knows or cares about," Porter said. "It really doesn't make a difference to me."
The couple who brought the case against the change are self-described humanists. Shannon Croft said the couple believes in the goodness of people without supernaturalism.
The attorney general's release said the Crofts are "both professed atheists."
American Atheists, an organization that promotes the separation of church and state, defines atheism as the belief that "nothing exists but natural phenomena."
Humanism, defined by the American Humanist Association, is a "progressive philosophy of life that, without supernaturalism" affirms a believer's ability to lead a responsible and ethical life.
Regardless of the recent outcome of their case, the Crofts will continue to challenge the phrase, Shannon said.
"We're doing what we can because it's what we believe in."
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