New Jersey Judge David F. Bauman recently dismissed a case orchestrated by a student, his parents, and the American Humanist Association and ruled that hearing the words "under God" during the Pledge of Allegiance does not violate the constitutional rights of atheist students. In his decision released Monday, Bauman brilliantly laid to rest the notion that the phrase can, or should, be erased from America's history.

"As a matter of historical tradition, the words 'under God' can no more be expunged from the national consciousness than the words 'In God We Trust' from every coin in the land, than the words 'so help me God' from every presidential oath since 1789, or than the prayer that has opened every congressional session of legislative business since 1787," the judge wrote in his decision.

Bauman added, "The Pledge of Allegiance, in this historical context, is not to be viewed, and has never been viewed, as a religious exercise."

The student's lawsuit, filed last year, argued against the phrase being recited during school hours because he felt it singled out atheists and non-believers, making them feel like "second-class citizens." His attorneys argued that hearing the pledge would cause atheist students to feel "just as America's Jews, Hindus, and Muslims would feel excluded, marginalized and stigmatized if they were told by their government on a daily basis that the United States is one nation 'under Jesus.'"

However, Judge Bauman didn't see it that way. He explained that the various references to God in the nation's history, documents, and practices indicates no endorsement of a specific faith, but simply a recognition to the importance religion has played in the founding of America.

The unnamed student tried for equal protection under the New Jersey state constitution, only to be reminded by Bauman that it also references "Almighty God:"

Under plaintiffs' reasoning, the very constitution under which plaintiffs seek redress for perceived atheistic marginalization could itself be deemed unconstitutional, an absurd proposition which plaintiffs do not and cannot advance here. Protecting students from viewpoints and ideas that may offend or upset them is not and has never been the role of public schools in America.

Judge Bauman advised the student to remain silent during the Pledge of Allegiance if he so chooses. There are no plans to appeal the decision.