By Michael J. DePrimo, Litigation Counsel, AFA Center for Law & Policy 

April 2001 –The national motto is a patriotic statement expressing a principle "deeply interwoven into the fabric of our civil polity," according to Abington v. Schempp, [374 U.S. 203, 303-04 (1963)]. It also serves the honorable purpose of "expressing confidence in the future and encouraging the recognition of what is worthy of appreciation in society." [Lynch v. Donnelly, 465 U.S. 668, 693 (1984)] 

The national motto, "In God We Trust," was adopted by the U.S. Congress in 1956. It is currently codified at 36 U.S.C.A. § 302. On July 24, 2000, the U.S. House of Representatives, with the concurrence of the Senate, unanimously resolved to "encourage" the display of the national motto of the United States in public buildings throughout the Nation." (See Congressional Record, H6747-6750.) This non-binding resolution was submitted by Representative Bob Schaffer (R-CO). 

The constitutionality of the national motto has been challenged on numerous occasions. Three federal courts of appeal, (Fifth, Ninth, and Tenth Circuits) have ruled that the motto passes constitutional muster. The latest challenge to the motto was addressed by the Tenth Circuit Court of Appeals. In Gaylor v. United States, [74 F.3d 214 (10th Cir.1996), cert. denied, 517 U.S. 1211, 134 L. Ed. 2d 934, 116 S. Ct. 1830 (1996)], the Freedom from Religion Foundation, Inc., and others challenged the motto on grounds that it violated the Establishment Clause of the First Amendment. The Tenth Circuit firmly rejected this challenge, noting that the motto has the secular purposes of symbolizing the historical role of religion in our society, formalizing our medium of exchange, fostering patriotism, and expressing confidence in the future. (Id. at 216) 

In addition to emphasizing the positive aspects of the motto, the court said that "the motto's primary effect is not to advance religion; instead, it is a form of ‘ceremonial deism' which through historical usage and ubiquity cannot be reasonably understood to convey government approval of religious belief." (Id.) The Tenth Circuit concluded by declaring that "the motto does not create an intimate relationship of the type that suggests unconstitutional entanglement of church and state." (Id. at 216) The Supreme Court denied review of the Tenth Circuit's decision. Moreover, the Supreme Court, in numerous cases, cited the national motto as an example of a constitutionally permissible expression of our nation's long tradition of faith in God. [See, e.g., Zorach v. Clauson, 343 U.S. 306, 313-14 (1952); Abington v. Schempp, 374 U.S. 203, 303-04 (1963); Lynch v. Donnelly, 465 U.S. 668, 676-77, 693 (1984); County of Allegheny v. American Civil Liberties Union, 492 U.S. 573, 625 (1989).] 

Of course, in order to eliminate any possibility of confusion, a public school display of the phrase In God we trust must, by its terms, plainly demonstrate that it is the national motto being advanced, and not a religious belief or practice. Therefore, we advise that the display of the words In God we trust must be accompanied by the conspicuous statement, National Motto of the United States. In addition, a school might also consider displaying the motto in conjunction with other symbols of American patriotism and/or America's heritage, such as the American flag, pictures of "Uncle Sam," pictures of Betsy Ross, the famous photograph of Marines erecting the American flag at Iwo Jima, founding-era paintings or prints, or documents such as the U.S. Constitution, the Declaration of Independence and the Emancipation Proclamation. (Based upon our analysis of federal case law, it is our opinion that the national motto displayed alone, by itself, is constitutionally unobjectionable. Nonetheless, some courts have indicated that historical documents arguably religious have a secular purpose when displayed with other, non-religious historical documents.) 

However, in ACLU v. McCreary County, [96 F. Supp. 2d 679, 684 (E.D.Ky.2000)] the court found that a county courthouse display containing excerpts from historical documents that made reference to God, including the Ten Commandments and Declaration of Independence, was constitutionally impermissible. 

A display of the national motto, standing alone, in non-school public buildings does not raise the same concerns because children are not captive audiences, as they are in public schools. 

In sum, display of the national motto in public schools and/or public buildings is constitutionally permissible so long as the purpose of the display is to advance or endorse the national motto rather than a particular religious belief or practice.   

The American Family Association Center for Law & Policy (CLP) is prepared to defend a constitutional challenge to the public display of the motto, should one arise. The CLP is a public interest law firm, and charges no legal fees for its services. The CLP is the legal arm of the American Family Association, Inc., with offices in Tupelo, Mississippi, and Washington, D.C.