The case challenges a state law that requires daily school-sponsored and teacher-led classroom recitation of the Pledge of Allegiance. Niose, on behalf of his client, is expected to argue that the wording "under God" in the Pledge discriminates against atheists and other nonbelievers, by instilling and defining patriotism according to a god belief.
"Atheist-humanist children love their country no less than do children who believe in God, and it's just wrong to have a daily patriotic exercise that invalidates them by associating patriotism with God-belief," said Niose. "If schools conduct a daily exercise to instill national loyalty," he added, "it should be inclusive and nondiscriminatory."
The Equal Protection clause was cited in Brown vs. Board of Education (1954) to fight racial discrimination, and has also been the basis for many other decisions rejecting discrimination against people belonging to various groups.