AP, via Boston.com:
BOSTON—The constitutionality of a New Hampshire law that requires schools to authorize a time each day for students to voluntarily recite the Pledge of Allegiance has been upheld by a federal appeals court that found the oath's reference to God doesn't violate students' rights.
A three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston on Friday affirmed a ruling by a federal judge who found that students can use the phrase "under God" when reciting the pledge.
The ruling came in a lawsuit filed by The Freedom From Religion Foundation, a Madison, Wis., educational group working for the separation of church and state; two group members, identified as Jan and Pat Doe; and their three children, who attend public schools in the Hanover school district in New Hampshire and the Dresden district in New Hampshire and Vermont.
The parents, who identified themselves and their children as atheist and agnostic, said the pledge is a religious exercise because it uses the phrase "under God." They argued the recitation of the pledge at school made their children "outsiders" to their peers on the grounds of their religion. ...........(more)
The complete piece is at:
http://www.boston.com/news/local/massachusetts/articles/2010/11/15/court_upholds_nh_law_allowing_pledge_in_school/