Federal appeals court rules that the Pledge cannot be recited in schools; MCPS not directy affected
The 9th Circuit Court of Appeals struck down a 1954 act of Congress that added the words "under God" to the Pledge of Allegiance in a landmark decision today.
The ruling said that classroom pledges where students are forced to recite a pledge that includes "under God" are unconstitutional and force students to make an "unacceptable choice between participating and protesting."
In a 2-1 decision, the panel of judges found the Pledge of Allegiance unconstitutional because it violated the Establishment Clause, which mandates separation of church and state.
According to Judge Alfred Goodwin, who wrote the majority opinion, the words "under God" refer to a specific religious belief and therefore violate the establishment clause. "A profession that we are a nation 'under God' is identical, for Establishment Clause purposes, to a profession that we are a nation 'under Jesus,' a nation 'under Vishnu,' a nation 'under Zeus,' or a nation 'under no god,' because none of these professions can be neutral with respect to religion," wrote Goodwin.
Many, including Judge Ferdinand Fernandez, the lone dissenting voice on the panel, disagreed with the court's majority opinion. According to an unscientific survey of 112,719 people by msnbc.com, 77 percent believe that the phrase "under God" does not endorse a particular religion or abridge freedom of worship. Many also believe that the decision will be overturned.
The 9th Circuit Court includes nine states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. The ruling directly applies only to these states; however, this decision, if it stands, could act as a precedent on which decisions in similar lawsuits in other circuits would be based. As a result, Montgomery County Public Schools, while not directly affected, could see a similar ruling soon.
The case was brought by Michael Newdow, an atheist who objected to the Pledge because his second-grade daughter was required to recite the pledge in a San Francisco elementary school. The case was originally dismissed by a federal judge, but was appealed to the 9th Circuit.
Some information taken from http://www.msnbc.com/news/772714.asp and the Associated Press.
Additional links: http://www.cnn.com/2002/LAW/06/26/pledge.allegiance/index.html, http://www.washingtonpost.com/wp-dyn/articles/A49515-2002Jun26.html
Jared Sagoff. Jared Sagoff, a Silver Chips Managing News Editor, was born on April 17, 1985. However, a possibly more significant moment occurred when he was selected to the Silver Chips staff for this, his senior year, two springs ago. Jared is proud to serve on the … More »
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