Pledge of Allegiance Ruled Unconstitutional

VUSE g-EE-k and entirely too many other people wrote in about an Appeals Court decision holding that the Pledge of Allegiance, as recited in its current form in various public schools (often by law), is unconstitutional. The court's decision (PDF) is available.

Comments

Re:It'd be fairly easy to change

[dejaffa]

That subordinate clause was added by Congress in 1954, so removing it would be just going back to the original version. :-)

Eisenhower's Fault

[e1en0r]

It was Eisenhower who added the "under God" part of the Pledge of Allegiance. You can read about it here.

As reported on the better site...

[Anonymous Coward]

Millions of American schoolchildren --- including almost all adults who grew up in the US --- have for two generations recited a daily pledge of allegiance in schools. The Ninth Circuit Court of Appeals today ruled that pledge to be a violation of the US Constitution. Social conservatives are outraged, liberals are smirking, and many of us are just stunned.

Background on the Pledge of Allegiance

I pledge allegiance to the flag of the United States of America

And to the republic for which it stands

one nation, indivisible,

with liberty and justice for all

The Pledge of Allegiance was written by a Christian Socialist activist in 1892. Heavily promoted by the magazine The Youth's Companion, at the time one of the largest weekly magazines in the United States (it was eventually merged into the magazine American Boy, which was owned by the Atlantic Monthly), which was also involved in a movement to place American flags over every schoolhouse in the country. By 1905, a majority of the non-southern states had passed laws requiring schools to fly the flag, and it was already customary at that time to require students to recite the pledge daily. Eventually, most states passed laws requiring the daily recitation of the pledge of allegiance. (In some states, students are also required to sing the national anthem).

The wording of the pledge was codified into US law by Congress in 1942; in 1954, the wording of the pledge was changed by Congress, which added the phrase 'under God', making the line 'one nation under God, indivisible, with liberty and justice for all." This modified phrasing was adopted by schools across the country, and has remained intact to this day.

Background on the case

Michael Newdow, an atheist living in the state of California, sued the state on the ground that the California Education Code requirement that each school day begin with appropriate patriotic exercises including but not limited to the giving of the pledge of allegiance, and the school district's requirement that each elementary school class recite the pledge of allegiance daily compels his daughter to "watch and listen as her state-employed teacher in her state-run school leads her classmates in a ritual proclaiming that there is a God," and therefore constituted a state establishment of religion, prohibited by the first amendment (and, by extension through the fourteenth amendment, to states and school districts, which are sub-units of the states). His petition asked the court to order the President to modify the pledge to delete the offending section.

The decision

The 9th circuit analyzed the law establishing the pledge of allegiance using three legal tests used in establishment cases. (The Lemon test, which has mostly fallen into disfavor but has not been explicitly repudiated, requires government conduct to have a secular purpose, neither advance nor inhibit religion, and must not foster government entanglement with religion. The "coercion test" requires that government conduct not coerce anyone to support or participate in religion or its exercise. The "endorsement test" requires that government not endorse a religion and "send a message to nonadherents that they are outsiders".). The court ruled that:

• The inclusion of the phrase under God in the pledge is an endorsement of religious belief.
• Reciting the pledge as it is currently codified is to swear allegiance to monotheism.
• The pledge as currently codified fails the coercion test.
• The inclusion of the phrase under God was *explicitly* done to promote a religious purpose, and therefore the pledge as currently codified fails the Lemon test.

The court concluded that the 1954 act adding "under God" to the pledge of allegiance is unconstitutional, and that the school district policy requiring daily recital is as well.

Future steps

The decision is only binding in the area covered by the Ninth Circuit Court of Appeals - California, Arizona, Nevada, Washington, Oregon, Alaska, and Hawaii - but would require school districts in that area to cease reciting of the Pledge of Allegiance. It is expected that the school district will appeal, in which case the decision will most likely be heard by the US Supreme Court sometime next year. A copy of the opinion is here.

Please note that . . . Re:$$, too

[StefanJ]

"In God We Trust" was added to US currency in the 1950s, a few years after the Pledge of Allegiance was amended.

http://www.moneyfactory.com/document.cfm/18/107

I imagine the legislations to add these were made in the same spirit as attempts to put the Ten Commandments in schools and courtrooms.

The Pledge has an intersting history

[FreeUser]

For those non-Americans reading this thread, the pledge of allegiance goes like this:

I Pledge Allegiance to the Flag
Of the United States of America
And to the Republic
For which it stands
One Nation, Under God
Indivisible, With Liberty and Justice for All.

Interestingly enough, one of the early drafts went something like

...And to the Republic
For Which it Stands,
One Nation, Indivisible,
With Liberty, Equality, And Justice for all.

However, at the time (early 20th century), that version was rejected because of pressure from the pro-segregationists. Interestingly it wasn't only the fear of racial equality that was cited as a reason for rejecting that particular draft, but the appalling possiblity that it could be construed to imply the women should be considered equal to men as well. God forbid.

Frankly, rulings like this restore some of my faith in the judicial process. As currently written, the plege should be ruled unconstitutional, as (to refer to another post) should the engraving of the words "In God We Trust" on our currency.

Neither reference to God in either context serves to enhance freedom of religion, and both serve to undermine the fundamental separation of church and state upon which the republic was founded, revisionist Christian rhetoric to the contrary notwithstanding.

Has anyone read the Federalist Papers !

[mgpeter]

The Federalist Papers is a book that contains the letters of our founding fathers during the writing of the constitution. In it there are many concerns of what "Seperation of Church and State" actually means.

Sep of Church & State was included, because at the time there were many countries that were actually ruled by the church elders, our founding fathers did not want this, so they added it to the constitiution. It was in no way meant to take all religion out of the government, it was included to ensure that the heads of the church would not rule the government.

I don't know when the press or lawyers or whoever construed it into what it is today. Anyway, don't take my word for it, actually read the book at Project Gutenberg

Re:Has anyone read the Federalist Papers !

[Zeinfeld]

Sep of Church & State was included, because at the time there were many countries that were actually ruled by the church elders, our founding fathers did not want this, so they added it to the constitiution. It was in no way meant to take all religion out of the government, it was included to ensure that the heads of the church would not rule the government.

Actually it was as much determined the other way. In England at the time the Bishops sat in the House of Lords and the Monarch was 'supreme govenor' of the Church of England. The pilgrim fathers were mainly non-conformists who had come to the Americas to escape the established church which they saw as making God's church subject to the will of the state.

Re:What is this country coming to?

[ZeroConcept]

"The next thing you know it will be illegial or unlawful to utter the word 'God' in public"

The same law that prohibits the government from promoting any religion, prohibits the government from censoring any particular religion

"So much for the founding fathers with their Christian beliefs"

The founding fathers were not Christian:
The Founding Fathers Were Not Christians
The Faith of our Founding Fathers
Is America founded on a Christian Tradition?
The Founding Fathers Were Not Christians
Notes on the Founding Fathers and the Separation of Church and State

Re:Declaration of Independance

[eddeye]

The Declaration of Independence can't be unconstitutional: it's not a legal document. All it does is inform the world that we are free of English rule, with a long list of grievances against the king.

The DoI establishes no form of government. It defines no laws. The body of the DoI can't be used as evidence or precedent in a court case. Further the DoI predates the Constitution by 13 years, so the Continental Congress that produced the DoI can't be subject to it. Constitutionality simply doesn't apply.

You might as well declare the Articles of Confederation unconstitutional.

Bzzzzt.

[HopeOS]

Neither Jefferson nor Franklin were Christians. Jefferson in particular had many choice and uncomplimentary things to say about Christians. I suggest you check your facts. What is known is that Jefferson had an appreciation for elements of the morality of Jesus Christ; however, he was particularly unimpressed by the mystic elements of the religion as practiced.

Among the sayings and discourses imputed to him [Jesus] by his biographers, I find many passages of fine imagination, correct morality, and of the most lovely benevolence; and others again of so much ignorance, so much absurdity, so much untruth, charlatanism, and imposture, as to pronounce it impossible that such contradictions should have proceeded from the same being. -Thomas Jefferson, letter to William Short, April 13, 1820

There is plenty more online.
-Hope

Re:thoughts On Eisenhower's "fault"

[Surt]

http://www.xenodochy.org/ex/lists/moraldev.html

People who don't understand how to reach morality without codification by religion should be introduced to kohlberg's stages of moral development.

It is usually a good shock to the system for religious addicts to find themselves (most of them anyway) very logically ranked at 4 of 6 (or 5 of 7 depending on which reading you find) while athiests (again most, not all) are ranked one or two levels higher.

The sad thing is that without better education for the masses, religion has in fact gotten a lot of people to level 4 who otherwise might be stuck at an even lower level, and be a greater danger to the rest of us.

The best solution to our current problem with widespread religious mass murder (IMO) is education.