Pledge of Allegiance, I

Honest libertarians everywhere will be rejoicing at the news that the pledge of allegiance is unconstitutional because it refers to the US as one nation “under God,” which violates the separation of Church and State. The decision was just handed down by the US Court of Appeals for the Ninth Circuit. Not enough people realize that freedom of religion also includes freedom from religion.

Pertinent info: The pledge was first codified by Congress in 1942. “Under God” was added to the pledge in 1954, also by Congress.

The plaintiff-appelant Michael Newdow, did not seek damages, but “declaratory and injunctive relief;” he simply wants “under God” to be removed from the pledge, not that the pledge be abolished outright.

Excerpts:

In the context of the Pledge, the statement that the United States is a nation “under God” is an endorsement of religion. It is a profession of a religious belief, namely, a belief in monotheism. The recitation that ours is a nation “under God” is not a mere acknowledgment that many Americans believe in a deity. Nor is it merely descriptive of the undeniable historical significance of religion in the founding of the Republic. Rather, the phrase “one nation under God” in the context of the Pledge is normative. To recite the Pledge is not to describe the United States; instead, it is to swear allegiance to the values for which the flag stands: unity, indivisibility, liberty, justice, and — since 1954 — monotheism.

[…]

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.

[…]

Although students cannot be forced to participate in recitation of the Pledge, the school district is nonetheless conveying a message of state endorsement of a religious belief when it requires public school teachers to recite, and lead the recitation of, the current form of the Pledge.

Interesting fact: The addition of “under God” to the pledge was made during the Eisenhower administration, “when the government was publicly inveighing against atheistic communism.”

[Mon, Jul 01 2002 – 13:08] Matthew (email) xxx Not enough people realize that freedom of religion also includes freedom from religion xxx

sort of. the original point of separating church and state was all about keeping the state out of the church (remember the poor, beleaguered english puritans who washed up in massachusets?). these days, it’s the opposite; the establishement clause is being used to keep the church out of the state, which i would have thought is eminently capable of standing up for itself without help from the constitution.

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