As America's secular demographic has grown and become more visible and active, a number of lawsuits have been brought to challenge references to God and religion in government. These cases have had limited success. In 2002, the
Ninth Circuit Court of Appeals ruled that the inclusion of the words "under God" in the
Pledge of Allegiance violated the
Establishment Clause of the
United States Constitution. That ruling was overturned by the
United States Supreme Court in
Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004). The Supreme Court ruled against the plaintiff,
Michael Newdow, not on the substantive legal issue but on a technicality, declaring that he lacked
legal standing because he did not have
custody of his daughter, on whose behalf he had brought the suit. Newdow subsequently filed a second case, and in 2010, the Ninth Circuit reversed its earlier decision and ruled that the "under God" wording did not violate the Establishment Clause. In 2007, the Supreme Court ruled against the Freedom From Religion Foundation in
Hein v. Freedom From Religion Foundation, 551 U.S. 587 (2007), which challenged the expenditure of tax money through the
White House Office of Faith-Based and Community Initiatives. The court ruled that taxpayers do not have legal standing to challenge expenditures by the executive branch. In 2011, the
Seventh Circuit Court of Appeals rejected a challenge to the
National Day of Prayer, again on standing grounds. In 2013, a federal court rejected a challenge, brought by Newdow and the Freedom From Religion Foundation, to remove "
In God We Trust" from American currency. In 2014, courts in
Massachusetts and
New Jersey rejected challenges to state laws requiring daily recitation of the Pledge of Allegiance in public schools. The lawsuits, brought by the American Humanist Association, claimed that
equal protection guarantees under the respective state constitutions prohibited daily recitation of the pledge because the "under God" wording discriminated against atheists. The courts ruled that, because participation in the exercise is voluntary, the laws do not violate equal protection. In
Town of Greece v. Galloway, the Supreme Court in 2014 rejected a challenge to the use of sectarian prayers by some local legislative bodies. Though seen as a setback for church-state separation, the ruling also stated that municipalities cannot discriminate against minority faiths in allowing invocations, and atheists and humanists subsequently used it to assert their right to participate in the invocation process. Months after the
Galloway ruling, an atheist gave the invocation at a regular meeting of the Town of Greece board. The secular movement has also been active in public discourse over the definition of
religious freedom. Atheist and humanist groups opposed the Supreme Court's 2014 decision in
Burwell v. Hobby Lobby Stores, Inc., which gave corporate employers the right to opt out of the
birth control mandate of the
Affordable Care Act on religious freedom grounds. == Reason Rally ==