Jonah Patel
The inclusion of the phrase under God in the Pledge of Allegiance has been the subject of legal challenges, with some arguing that it violates the First Amendment's prohibition on the establishment of religion. The debate centres around whether requiring teachers to lead the Pledge, with the inclusion of under God, is constitutional. While some courts have upheld the constitutionality of the Pledge, others have found that it coerces students to perform a religious act, violating the Establishment Clause. The Supreme Court has not directly ruled on the question, and lower courts remain divided, with some ruling in favour of parental choice and voluntary participation. The ongoing discussion highlights the complexity of balancing religious references in historical context with the rights of non-believing students.
| Characteristics | Values |
|---|---|
| Court rulings | In 1943, the Court reversed its decision in West Virginia State Board of Education v. Barnette, holding that the Free Speech clause of the First Amendment prohibits schools from forcing students to say the Pledge of Allegiance. |
| In 2002, a divided panel of the US Court of Appeals for the Ninth Circuit ruled that the addition of "under God" to the Pledge violated the First Amendment and coerced students to perform a religious act. | |
| In 2010, two federal appeals courts ruled that the Pledge does not violate the Establishment Clause as its purpose is to inspire patriotism, and participation is voluntary. | |
| In 2014, a New Jersey judge ruled in favor of a school district, stating that individual students weren't forced to take part in the Pledge. | |
| In 2014, the Massachusetts case Jane Doe v. Acton-Boxborough Regional School District was brought by a group of parents, teachers, and the American Humanist Association against a school district. | |
| In 2015, the 11th Circuit Appeals Court upheld Florida's statute requiring parental permission for students to opt out of the Pledge. | |
| In 2024, the US Supreme Court accepted a case challenging the use of "under God" in the Pledge, but did not rule on its constitutionality, citing the plaintiff's lack of legal standing. | |
| The Massachusetts Supreme Judicial Court heard arguments in Doe v. Acton-Boxborough Regional School District, where an atheist couple challenged the use of "under God" in the Pledge. | |
| Arguments for inclusion | The Pledge's reference to "under God" acknowledges the historical significance of how the country's rights are derived and does not require belief. |
| Schools can teach historical documents with religious references as part of the history curriculum, and it would be wrong to strip all religious references from history. | |
| Arguments against inclusion | The inclusion of "under God" in the Pledge violates the First Amendment's prohibition on the establishment of religion and coerces students to perform a religious act. |
| The Pledge discriminates against non-believing students and violates the equal protection clause of the state constitution. |
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What You'll Learn
The First Amendment and freedom of speech
The First Amendment to the U.S. Constitution, ratified on December 15, 1791, primarily protects the freedoms of speech, religion, and the press, as well as the rights to assemble and petition the government. The text of the amendment states:
> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The Supreme Court has interpreted this to mean that no branch or level of government can infringe upon the freedoms outlined in the First Amendment. However, private organizations, such as businesses, colleges, and religious groups, are not bound by this restriction.
The First Amendment's protection of freedom of speech has been a point of contention in several landmark court cases. For example, in West Virginia Board of Education v. Barnette (1943), the Supreme Court ruled that public schools could not force students to salute the American flag and recite the Pledge of Allegiance, thus protecting the freedom not to speak. Similarly, in Tinker v. Des Moines (1969), the Court upheld the right of students to wear black armbands to school as a form of political protest.
The inclusion of the phrase "under God" in the Pledge of Allegiance has been the subject of legal challenges, with some arguing that it violates the First Amendment's Establishment Clause by promoting a religious act. In Newdow v. U.S. Congress (2002), the Ninth Circuit Court of Appeals held that the addition of "under God" to the Pledge violated the First Amendment by establishing a religious act that students were coerced into performing. However, other courts have upheld the constitutionality of the Pledge, arguing that its primary purpose is to inspire patriotism and that participation is voluntary.
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Equal protection clause
The Equal Protection Clause, part of the first section of the Fourteenth Amendment to the United States Constitution, provides that "no state shall [...] deny to any person within its jurisdiction the equal protection of the laws". The clause, which came into effect in 1868, mandates that individuals in similar situations be treated equally by the law.
The Fourteenth Amendment marked a significant shift in American constitutionalism, imposing far more constitutional restrictions on the states than had been in place before the Civil War. The Equal Protection Clause was intended to validate the equality provisions of the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection under the law. The Act was vetoed by President Andrew Johnson, who believed that Congress lacked the authority to enact such a bill. This was one of the factors that led Congress to draft and debate what would become the Equal Protection Clause.
The Clause has been central to many landmark Supreme Court decisions, including Brown v. Board of Education (1954), which helped to dismantle racial segregation, and Obergefell v. Hodges, which legalised same-sex marriage. The Clause has also been invoked in several cases concerning the Pledge of Allegiance, with some arguing that the inclusion of the words "under God" in the Pledge violates the Equal Protection Clause of state constitutions. For example, in 2014, a group of parents, teachers, and the American Humanist Association took legal action against a Massachusetts school district, seeking to eliminate the use of the words "under God" from Pledges taken at public schools.
It is important to note that while the Equal Protection Clause applies only to state and local governments, the Supreme Court has held that the Due Process Clause of the Fifth Amendment requires equal protection under the laws of the federal government. This means that the federal government must also practice equal protection, as guaranteed by the Fifth Amendment.
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Parental permission
The inclusion of the phrase "under God" in the Pledge of Allegiance has been the subject of legal challenges, with some arguing that it violates the Establishment Clause of the First Amendment by endorsing monotheism and coercing students to perform a religious act. In 2002, the Ninth Circuit Court of Appeals ruled that the phrase was unconstitutional when promoted in public schools. However, the Supreme Court later rejected this claim on the grounds that the plaintiff did not have legal custody of his daughter and, therefore, lacked standing.
The issue of parental permission in the context of the Pledge of Allegiance has been addressed in court cases. In one instance, the 11th Circuit Appeals Court upheld Florida's statute requiring parental permission as constitutional. The federal court acknowledged that while the government typically cannot compel students to participate in the Pledge, a parent's right to make decisions for their child supersedes the interference of public school officials. This ruling highlights that the statute ultimately leaves the decision to pledge or not to the parent.
The debate surrounding the phrase "under God" in the Pledge of Allegiance has led to discussions about the role of ceremonial deism in the American public square. Some legal scholars argue that the recitation of the Pledge in public schools, with the inclusion of "under God," may violate the Establishment Clause of the First Amendment. However, others defend the Pledge by stating that it is not a form of prayer, does not refer to a specific religion, and that no one can be forced to recite it.
The role of parental permission in opting out of the Pledge of Allegiance has also been highlighted in a 2019 event, where a sixth-grade student was arrested in a pledge dispute. This incident drew attention to the ability of states to require students at public schools to obtain parental permission before choosing to opt out of the pledge. While the specifics of this case are not provided, it underscores the ongoing discussions surrounding parental rights and the Pledge of Allegiance.
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Voluntariness of participation
The Pledge of Allegiance is a patriotic verse that promises allegiance to the flag of the United States and the republic of the United States of America. The current version of the pledge, with the inclusion of the phrase "under God", was adopted in 1954. While the pledge is a widely practised tradition, participation is not mandatory.
The Supreme Court has ruled that students cannot be compelled to recite the Pledge of Allegiance, nor can they be punished for not doing so. This ruling upholds the principle of voluntariness in participation, where individuals have the choice to engage in the recitation of the Pledge or opt-out. The ruling ensures that the Pledge of Allegiance does not violate the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion or favouring one religion over another.
Despite the Supreme Court ruling, there have been instances where students who chose to opt out of reciting the pledge faced negative consequences. In some cases, teachers and school administrators have responded with accusations of disrespect, particularly towards the troops and the country. This has created a complex dynamic where students who assert their right to abstain from the pledge may be subjected to peer pressure, ostracization, or other forms of indirect coercion.
To address this issue, several states have implemented policies requiring parental permission for students to opt out of the pledge. While these policies aim to involve parents in their children's decisions, they have also been criticised for potentially infringing on students' rights to make their own choices. The debate surrounding the voluntariness of participation in the Pledge of Allegiance highlights the ongoing tension between patriotic expression and individual liberties in the United States.
In conclusion, while the Supreme Court has affirmed the voluntariness of participation in the Pledge of Allegiance, the social and cultural pressures surrounding its recitation in schools and other settings cannot be overlooked. The inclusion of the phrase "under God" has particularly drawn legal challenges and controversy, with ongoing discussions about the separation of church and state in the United States.
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Establishment Clause
The Establishment Clause of the First Amendment to the United States Constitution, along with the Free Exercise Clause, forms the constitutional right to freedom of religion. The Establishment Clause prohibits the government from establishing or sponsoring a religion, unduly favoring one religion over another, or unduly preferring religion over non-religion or vice versa. It acts as a double security, prohibiting both control of the government by religion and political control of religion by the government. The precise definition of "establishment" is unclear, but historically, it meant prohibiting state-sponsored churches, such as the Church of England.
The Establishment Clause was based on several precedents, including the Constitutions of Clarendon, the Bill of Rights of 1689, and the first constitutions of Pennsylvania and New Jersey. It was also influenced by the Virginia Statute for Religious Freedom, drafted by Thomas Jefferson in 1777 and introduced in the Virginia General Assembly in 1779. James Madison, then a congressman, prepared a draft of the Establishment Clause in 1789, which later became part of the First Amendment.
The Establishment Clause has been the subject of legal challenges, including cases involving the Pledge of Allegiance. In Newdow v. U.S. Congress (2002), the Ninth Circuit Court of Appeals held that the inclusion of "under God" in the Pledge violated the Establishment Clause, as it constituted a religious act. However, other courts have upheld the constitutionality of the Pledge, arguing that its primary purpose is to inspire patriotism and that participation is voluntary.
The Supreme Court has addressed the Establishment Clause in various contexts, such as religious invocations at legislative sessions, public funding for private religious school transportation, and religious monuments on public land. While the Establishment Clause prohibits Congress from establishing an official religion, it does not prohibit all government actions that implicate religion. The Court has permitted some religious invocations and the use of public funds for religious purposes, provided they meet certain criteria, such as the secular purpose and no excessive entanglement between church and state.
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Frequently asked questions
The debate over the inclusion of "under God" in the Pledge of Allegiance has been ongoing, with legal challenges occurring as recently as 2014. The First Amendment's Establishment Clause, which states that "Congress shall make no law respecting an establishment of religion," is often cited in these debates. While some courts have ruled that the phrase does not violate the Establishment Clause, others argue that it coerces students to perform a "religious act." The Supreme Court has not yet ruled on the constitutionality of the phrase.
One argument is that the phrase "under God" violates the First Amendment's prohibition on the establishment of religion. Additionally, some argue that the phrase discriminates against non-believing students and violates the equal protection clause of state constitutions.
Yes, the phrase "In God We Trust" on coins has been brought up in discussions about the Pledge of Allegiance. While it is not exactly the same, it is another example of a religious reference in a government context.
Yes, in 1943, the Court case West Virginia State Board of Education v. Barnette held that "the Free Speech clause of the First Amendment prohibits public schools from forcing students to salute the American flag and say the Pledge of Allegiance." This case established that students cannot be compelled to participate in the Pledge.
One suggestion is to focus on the historical context of the Pledge and how it aligns with the foundation of America. Another option is to address the concerns of nonbelieving students and ensure that they are not forced to participate in reciting the Pledge.
