Pledge ruled unconstitutional

http://news.bostonherald.com/national/view.bg?articleid=102554
By Associated Press

SAN FRANCISCO - A federal judge declared the reciting of the Pledge of Allegiance in public schools unconstitutional Wednesday in a case brought by the same atheist whose previous battle against the words ``under God'' was rejected by the U.S. Supreme Court on procedural grounds.

U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation ``under God'' violates school children's right to be ``free from a coercive requirement to affirm God.''

Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of. Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue.

Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts, where the plaintiffs' children attend.

The decision sets up another showdown over the pledge in schools, at a time when the makeup of the Supreme Court is in flux.

Wednesday's ruling comes as Supreme Court nominee John Roberts faces day three of his confirmation hearings before the Senate Judiciary Committee. He would succeed the late William H. Rehnquist as chief justice.

Sandra Day O'Connor stepped down unexpectedly from the Supreme Court in July.

The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court.

``It's a way to get this issue to the Supreme Court for a final decision to be made,'' said fund attorney Jared Leland. Newdow, reached at his home, was not immediately prepared to comment.

Sarah 20 years ago
Perhaps I grew up in a backward place, or maybe it was forward, but I said the pledge not only to the American Flag but to the Texas Flag every day until I graduated from High School. The pledge to the Texas Flag is

"Honor the Texas flag; I pledge allegiance to thee, Texas, one and indivisible."



The "under God" portion of the pledge has never bothered me, but I am a Christian and I do believe in one supreme being. It also never bothered me to say it the Girl Scout Promise, or to hear my cousin say it in the Boy Scout...thing. Perhaps it should be taken out, so that we as a nation have one less petty thing to worry over. Or Perhaps the wack jobs that have nothing better to do than waste our tax dollars over this should be taken out and shot.
Calimaryn 20 years ago
I guess I am a minority in that I prefer the original version of the pledge that Mai shared.
Temprah 20 years ago
Yup, we're the minority Cali, and in a democratic nation the majority gets what they want and the rest of us get told to shove it and like it.
Gilae 20 years ago
When I lived in my parents home, I lived by their rules and enjoyed the protection my parents provided me...but I didn't necessarily share their viewpoints on everything, nor was I obligated to. As long as I didn't defy them in a way that went against the rules, I avoided punishment. And if my parents had ever done anything which I felt was morally wrong, I would have objected to it, inspite of whatever punishment they might put upon me. What is more, when I got married, although I changed my name, I still considered myself part of their family and found myself welcome to return to their home whenever I saw fit.

Just because I live here and respect and follow the laws of this country does not mean I am obligated to agree with everything the leaders of this country does...especially if I think those things are morally wrong. Nor does it mean that I have to sever ties with the country of my birth and renounce my citizenship there. I should be able to feel welcome to make my own choices in either country about who I worship (or don't) and where I wish to live if I so choose. My children should have that same option. The freedom that we brag about so often dictates that provided we aren't harming others, and we aren't breaking the law, that we are free to make those choices.

As I said, God does not pick favorites...nor will I. And although I don't consider myself a hardcore religious person, I really am of the opinion that the only person I owe any sort of "allegiance" to, is God. Thankfully, I live in a free country and I was born and raised in a free country where such beliefs are my right and priviledge...just as it is the right and priviledge of others not to believe in a God at all...or in some cases, to choose their country to worship. I am proud of the fact that we have those freedoms...but I don't have to kneel to a flag to be proud of it. And I won't have my children blindly promising their allegiance and believing that our country is superior to any other just because this is where they happened to be born...any more than I will teach them that they are superior people because they happen to be mostly white or partially black.

As far as needing to physically have children before I know how much I will be able to teach them or not...well...I guess I'll find out for myself in a few months ;) At the moment I can only base my thoughts upon my own experiences and how my parents raised me. Born in a fairly religious household with an American mother and a Jamaican father who gained Canadian citizenship, and having been raised in Canada for most of my life, this may explain why I choose not to "pick a team". My mother lived in Canada after she got married, but I assure you she never stopped being American...her family line can be (and has been) traced back to famous Americans (Johnny Appleseed and Patrick Henry "give me liberty or give me death" are both ancestors of mine) all the way to the Mayflower. But she visited Canada, fell in love, got married and stayed there. Maybe she should've started pledging allegiance to the Canadian flag since that's where she lives? Maybe she shouldn't have had both her children declared US citizens born abroad. Using the race argument that was brought up inexplicably, she married a black man. Should she now renounce that she's white? Should she "pick a team"?

My posts are too damn long.
Rikr 20 years ago
Larry, Great post sir!

People should be proud of their country and should have no problem pledging their allegiance to it. Adults choose for their children where they feel the best opportunity for their family is. When the children grow up, they can choose for themselves. I pledge my allegiance to this country, and have zero problems doing it...I do not do it blindly.

A quick story. This guy I gamed with, seemed a normal and happy American. I posted the link to that video of the idiot that said our soldiers get what they deserve in this war, and I pointed out what an asshole he is. He spouted back, that he felt the same way. He stated that this is not a free country. How could it be a free country when you cant even grow your own weed. He agreed that our soldiers get what they deserve. This guy lived off of the gov't. He didn't work until just recently, hauling off logs in the forrest or some shit. This very country that he hates, and kept him fed while he sat on his lazy fucking ass and did nothing but plant weed, and play fucking video games. Yet even though this great country was taking care of him....he still finds no allegiance to it. I asked him why stay then. His reply was..He's moving to Canada when he saves enough money, and we (America and its people) could go to hell.

I'll stop here, because I could go on and on and on.
Gilae 20 years ago
He's moving to Canada? Unless he has some kind of hookup I doubt seriously he'll get in. They have immigration laws too. Though if he is hauling logs maybe he is some kind of forester and can be there on a temporary visa? He won't find things in Canada are any different than here. Someone should tell him that it is no more legal to grow weed in Canada than it is here. They are less severe in their punishments of people who are found in possession...but it is still very illegal. That guy is obviously an asshat.
Cobert 20 years ago
If this was like the cold war, and I had access to leet information. I would so sell out to the soviet union. I think that would be damn exciting.
Rikr 20 years ago
Shame on u.
Gilae 20 years ago
Canadians aren't allowed to sell out to the Soviets...they are only allowed to beat them at hockey.
Sebastionleo 20 years ago
I heard this one once...

I pledge allegiance to the flag
Michael Jackson is a fag
Vex 20 years ago
How could it be a free country when you cant even grow your own weed.


he should move to amsterdam.