Eighth Circuit rules ‘In God We Trust’ on U.S. currency is constitutional

By: Rox Laird on September 4th, 2018

The motto “In God We Trust” has been printed on U.S. currency since the Civil War, but the U.S. Court of Appeals for the Eighth Circuit confronted the question of whether it violates the Constitution for the first time in an Aug. 28 ruling.

The answer? The motto does not violate the Constitution.

A three-judge panel of the St. Louis-based court, which has jurisdiction over Iowa and six other Midwest states, rejected arguments raised in an appeal of a Minnesota District Court decision by 27 atheists or children of atheists and two atheist organizations.

The plaintiffs argued that government-issued bills and coins bearing a “purely religious” message amount to an explicit endorsement of Christianity and monotheism. They contend that violates the Establishment Clause, the Free Speech Clause and the free-exercise clause of the First Amendment, equal protection under the Fifth Amendment and the Religious Freedom Restoration Act.

Each of these claims was rejected by the panel – consisting of Judges Raymond Gruender of St. Louis, Arlen Beam of Lincoln, and Jane Kelly of Cedar Rapids. Kelly, however, filed a separate opinion concurring with the judgment, but she disagreed with the majority’s discussion of the Establishment Clause question.

Writing for the majority, Gruender pointed out that the other federal circuit appeals courts that have considered this question have held that the motto does not violate the Establishment Clause, and the U.S. Supreme Court has repeatedly said as much (although in dicta, or passing references in related cases).


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