ACTON (CBS) – The Pledge of Allegiance is becoming a sore subject in the Acton-Boxborough school district, all because of the words “under God.”

“Atheists and Humanists do not accept the notion of God,” says attorney David Niose.

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An Acton family, who is atheist and chooses to remain anonymous, is suing the school district claiming they are discriminating against their children during the pledge. They want the words “under God” taken out.

WBZ-TV’s Paul Burton reports

Niose says, “Everyday these kids go to school and the pledge is recited and declaring that the nation is in fact under God and that marginalizes them.”

But according state law, schools are required to display the American flag and say the Pledge of Allegiance. But saying the pledge is strictly voluntary for students.

“Students have a right to not say it all, the entire pledge,” says Superintendent Stephen Mills. “I would be acting illegally if the kids didn’t say pledge of allegiance.”

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Even though students are not required to say the pledge of allegiance the family that’s filing the complaint say their kids are being discriminated against because they are atheist.

“The plaintiffs are all for instilling patriotism,” says Niose. “They just wish to do so in a way that does not discriminate against them and their religious class.”

WBZ NewsRadio 1030’s Doug Cope reports

Students have mixed feelings about the issue.

“I think they should keep it in because it’s been a part of our country for so long and taking it out is disrespectful,” said one student.

“If the student wants to skip the ‘under God’ line that’s fine,” says another student. “I don’t think it needs to go to court. I don’t think its that big of a deal”

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A Superior Court judge is now taking the matter under consideration.