Appeal : Prominent attorney , an atheist , said prospects are dim , but he plans to appeal . Appeals court : Pledge does not constitute a government endorsement of religion . It covers only the 11 Western states and territories covered by the 9th Circuit . The pledge was written in 1892 by Baptist minister and educator Francis Bellamy , who made no reference to religion in his version . The judge in 2 - 1 ruling said the pledge is an overtly religious message .
Appeal : Prominent attorney , an atheist , said prospects are dim , but he plans to appeal . Appeals court : Pledge does not constitute a government endorsement of religion . It covers only the 11 Western states and territories covered by the 9th Circuit . The judge in 2 - 1 ruling said the pledge is an overtly religious message .