An atheist family in Massachusetts is about to petition the Massachusetts Supreme Court to have the phrase “under God” removed from the Pledge of Allegiance.

The executive director of the American Humanist Association, one of the plaintiffs in the case, said they are taking a different stance in their attempt to eliminate God from the pledge.

“Instead of arguing that ‘under God’ in the pledge is a violation of the rule of church-state separation, it is explained as a specific infringement on the right of non-theists to equal protection under the law,” Roy Speckhardt said.

A lower court ruled in favor of the school saying that the Pledge did not constitute a prayer but rather an exercise to reflect the history of the United States.