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The Pledge of Allegiance. By: Renee Wright 2010. OATH OF LOYALTY TO U.S.A. ORIGINALLY COMPOSED BY FRANCIS BELLAMY IN 1892 FIRST USED IN PUBLIC SCHOOLS ON OCT. 12, 1892 DURING COLUMBUS DAY CELEBRATION MODIFIED FOUR TIMES MOST RECENT CHANGE IN 1954 ADDED “UNDER GOD” TO THE PLEDGE

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the pledge of allegiance

The Pledge of Allegiance

By: Renee Wright

2010

oath of loyalty to u s a
OATH OF LOYALTYTO U.S.A.
  • ORIGINALLY COMPOSED BY FRANCIS BELLAMY IN 1892
  • FIRST USED IN PUBLIC SCHOOLS ON OCT. 12, 1892 DURING COLUMBUS DAY CELEBRATION
  • MODIFIED FOUR TIMES
  • MOST RECENT CHANGE IN 1954
  • ADDED “UNDER GOD” TO THE PLEDGE
  • PRESIDENT DWIGHT D. EISENHOWER PROCLAIMED ALL SCHOOL CHILDREN WILL SAY THE PLEDGE DAILY IN EVERY CITY, TOWN, VILLAGE, RURAL SCHOOLHOUSE
court case history
Court Case History
  • 1940 Supreme Court case Minersville School District v. Gobitis

Ruled that the students in public schools must say the

pledge, even Jehovah’s Witnesses like the defendants in

this case. (This brought about a rash of violence against

Jehovah’s Witnesses.)

  • 1943 West Virginia State Board of Education v. Barnette:

Reversed decision and ruled that saying the pledge violated the First

Amendment and public schools can not require students

to say the pledge.

landmark case challenging saying the pledge of allegiance

LandMark caseChallenging saying the Pledge of allegiance

Newdowv. Elk Grove

Unified School District

slide6

March 2000 Lawsuit Filed in Trial Court by Michael Newdow against Elk Grove Unified School District

U.S. Magistrate Judge Peter A. Nowinsk ruled saying the pledge constitutional. Dismissed in 2000 and Mr. Newdow appealed.

  • June 2002 U.S. Court of Appeals for the Ninth Circuit

Ruled 2-1 “under God” endorses religion and violates the first Amendment.

  • Bush Administration defended the words “under God” and asked Supreme Court to uphold the daily recitation of the pledge. Court papers were filed.
appeals
Appeals
  • June 2004 the Supreme Court held Michael Newdow, as a non-custodial parent, did not have standing to bring suit on daughter’s behalf. The Ninth Circuit’s decision was reversed as a matter of procedural law. It did not address the issue of God in the wording of the pledge.
  • January 2005 a New Suit was filed in the U.S. District Court for the Eastern District of California on behalf of three unnamed families. Judge Lawrence Karlton ruled in favor of Newdow citing the precedent of the 2002 ruling that it was unconstitutional to say the pledge in school. He ruled that saying “under God” violates students’ right to be “free from a coercive requirement to affirm God.” Karlton issued an order preventing reciting the pledge in Elk Grove Unified School District, Rio Linda, and Elverta joint districts in Sacramento County where the children attend school.
  • What will be the outcome of this case?
public and congressional reaction
Public and Congressional reaction
  • Public and Congressional reaction to the Ninth Circuit’s decision of June of 2002 was negative.
  • About 150 members of Congress stood on the front steps of the Capital and recited the Pledge of Allegiance. The Senate reaffirmed the presence of “under God” in the pledge by a unanimous vote (99 with 1 senator absent) and the House of Representatives voted 416-3.
  • The American people support the pledge in its current form. A FOX News/Opinion Poll from November 2005 showed 90% of Americans approve of the oath. Only 7% of people polled said they would change the language of the Pledge with 3% undecided.
august 2003 report by education commission of the states
August 2003Report by EducationCommission of the States

*43 States have laws regarding requirements for student recitation of the Pledge of Allegiance in schools. (Unless parents or guardians object in writing.)

*7 States have no laws regarding requirements for the recitation of the Pledge.

(Iowa, Hawaii, Maine, Michigan, Nebraska, Vermont & Wyoming)

*School board or charter school board of directors may waive the requirement annually by majority vote.

questions the u s supreme court must address

Questions the U.S. Supreme Court must Address

Does it advance or inhibit religion?

Does it create excessive entanglement?

Does the pledge have a secular purpose?

After the events of September 11, 2001, the U.S. has become united around patriotism. “In God We Trust” is found on U.S. coins and has been held to be a national slogan and not an endorsement of religion.