Pledge of Allegiance Declared Unconstitutional

Pledge = Prayer =
Unconstitutional
by Nancy A. Bock

July 1, 2002

A ruling last week equating the Pledge of Allegiance with a "prayer" has evoked outrage among Americans across the country and given politicians the perfect political bandwagon on which to launch their re-election campaigns.

The 9th U.S. Circuit Court of Appeals ruled that the words "under God," which were added to the Pledge during the Cold War, caused harm to a teenager by "sending a message to unbelievers that they are outsiders."

The original case was brought by a California father, who stated that even though his daughter was not obligated or forced to participate in the reciting the Pledge at school, she was forced to listen. Almost immediately politicians reacted. House and Senate members stood on the steps of the Capital and recited the Pledge the same afternoon as the decision was announced. Far more members than usual were on hand for the TV cameras the next morning in the Chambers dutifully reciting a Pledge that they normally are absent for. Several "sense" resolutions were put forth objecting to the Court's ruling and in essence defending the "Constitutionality" of the words "under God." (click image to see Pledge of Allegiance in American Sign Language)

While the ruling only effects students in nine Western states and is not binding in New York, local elected officials were equally quick to take a stand, no surprise, in favor of the current text of the Pledge.

Congressman Steve Israel, who signed on as a co-sponsor of the draft legislation pending in Congress also released his own legislative version of a sense resolution which noted that the "United States is currently engaged in military combat in the War on Terrorism" and the decision "could provide aid and comfort to enemies of the United States of America."

This morning a group of Suffolk Legislators (Nowick, Lindsay, Bishop, Binder and Crecca) held a "unity rally" at the Dennison Building in Hauppauge to announce a sense resolution by Legislator Nowick calling on the State to continue to require the Pledge of Allegiance start the school day. It should be noted that there has been no movement, action or hint that anyone in State government had any intention of changing the rule. Also, the California decision does not reach New York and is not enforceable here, so the need for this resolution is unclear.

An opposing viewpoint by one of the Justices, "God save the U.S. and this honorable Court," seems to capture the feeling of most Americans. The Judge who wrote the decision has already issued a stay, halting implementation of a ruling that most vowed to ignore anyway. And the Supreme Court has announced it would "fast track" the appeal that is sure to come.

Second-Grade Political Lobbyists

While the voting age is still 18, it’s never to early for some to involve themselves in government. County Legislator Jon Cooper (D-Huntington) recently visited Maureen Ryan’s second-grade class at Lloyd Harbor Elementary School to distribute Certificates of Appreciation congratulating the 7- and 8-year-olds on dozens of legislative ideas he received from them after his earlier visit to explain what a county legislator does. Proposals from the students varied widely, but many focused on the environment and public safety. Kids wanted to do everything from outlawing chainsaws (because they “get rid of nature”) and making the killing of animals punishable by jail time to banning the sale of cigarettes and mandating harness seatbelts on school buses.