FREEHOLD, N.J. (CBSNewYork/AP) — A group has ended its legal challenge against a New Jersey school district to the phrase “under God” in the Pledge of Allegiance.

A judge in February dismissed the suit brought by the American Humanist Association against the Matawan-Aberdeen Regional School District on behalf of a family in the district. The judge ruled the phrase does not discriminate against those with atheist beliefs.

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Association spokeswoman Merrill Miller tells the Asbury Park Press it will not appeal the ruling. The deadline to do so has expired.

Attorneys for the family argued in November that the phrase “under God,” added in 1954, invalidates their religious beliefs and “marginalizes atheist and humanist kids as something less than ideal patriots.”

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The school district said the pledge is voluntary and the phrase “under God” doesn’t violate religious freedom or equal protection clauses of the Constitution.

Last year, Massachusetts’ high court ruled in a similar lawsuit that the pledge is not discriminatory.

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