"The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity," she added.
Karlton, appointed to the Sacramento bench in 1979 by president Jimmy Carter, wrote that the case concerned "the ongoing struggle as to the role of religion in the civil life of this nation" and added that his opinion "will satisfy no one involved in that debate."
Karlton dismissed claims that the 1954 congressional legislation inserting the words "under God" was unconstitutional. If his ruling stands, he reasoned that the school children and their parents in the case would not be harmed by the phrase because they would no longer have to recite it at school.
Terence Cassidy, a lawyer representing the school districts, said he was reviewing the opinion and was not immediately prepared to comment.
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