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CNN Live Today

Mother of Girl in Pledge of Allegiance Battle Goes Against Dad

Aired August 06, 2002 - 12:40   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

KYRA PHILLIPS, CNN ANCHOR: You haven't heard the last of that legal fight over the words "under God" in the Pledge of Allegiance. Now the mother of the California girl whose father brought the now infamous suit is trying to get the hole thing dismissed.
We get the latest now from Tomas Roman of CNN affiliate KRON in San Francisco.

(BEGIN VIDEOTAPE)

TOMAS ROMAN, KRON REPORTER (voice-over): A lawsuit made the words "under God" unconstitutional in the Pledge of Allegiance for about a day before the 9th Circuit Court decision was stayed. It was Sandra Banning's now 8-year-old daughter who was at the center of the lawsuit. Banning is filing a motion with the 9th Circuit Court to dismiss that suit.

SANDRA BANNING: I do hope that it leads to a dismissal, at least in part, of this case as it relates it my daughter and as it relates that my daughter has been harmed or has been coerced by reciting the Pledge of Allegiance.

ROMAN: Banning's attorney say that the girl's father, Michael Newdow, who is an atheist, claims saying "under God" in the pledge forced his daughter into a religious belief. Newdow filed the suit on behalf of his daughter while he had sole custody. But as of February this year, that has changed.

PAUL SULLIVAN, BANNING'S ATTORNEY: As of February 6, 2002, Ms. Banning was awarded sole legal custody of her daughter, including the decisions as to her education interest. And that is a fact that we believe goes directly to whether or not Mr. Newdow continues to have a right to prosecute this case.

ROMAN: Banning's attorney, Paul Sullivan, says the daughter never had a problem saying the words "under God"

SULLIVAN: Ms. Banning and her daughter are both Christians. They both say the Pledge of Allegiance. They are not injured by the Pledge of Allegiance. And they want to make certain that the court has an understanding of these facts.

ROMAN: State of California has asked the 9th Circuit to rehear the case and overturn the ruling. It's at that time Ms. Banning wants it intervene in the case and address the court.

SULLIVAN: We are requesting that the court permit Ms. Banning to come in, put these facts before the court, or in the alternative, to have the court dismiss outright any portion of this case that pertains to her daughter and the supposed injuries that the daughter has incurred by saying the Pledge of Allegiance in school.

(END VIDEOTAPE)

PHILLIPS: A hugely controversial decision by a three-judge panel is currently being reconsidered by the full 9th Circuit.

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