Interestingly enough, the plaintiffs, who are atheists and call themselves the "Does" to protect their identity, are not citing the establishment clause of the First Amendment in making their case. Instead, they are challenging the Pledge on the basis of the Massachusetts Constitution's guarantee of "equal protection."
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In another challenge against saying the Pledge of Allegiance in Brookline Mass., a group called "Brookline Pax" had asked the town to vote in favor of a resolution calling for the school committee to rescind its Pledge of Allegiance policy and stop the Pledge from being recited in the schools.
MORE: http://www.foxnews.com/us/2012/02/13/family-asks-judge-to-order-massachusetts-school-district-to-remove-under-god/?test=latestnews