No, it is not just the words "under God", but more that its is "one nation under God."
http://www.lawyersweekly.com/pdf/usa/02/pledge.pdf I would suggest you all read it. It really is fascinating. Some excerpts The relevant portion of California Education Code � 52720 reads: In every public elementary school each day during the school year at the beginning of the first regularly scheduled class or activity period at which the majority of the pupils of the school normally begin the schoolday, there shall be conducted appropriate patriotic exercises. The giving of the Pledge of Allegiance to the Flag of the United States of America shall satisfy the requirements of this section. The classmates of Newdow's daughter in the EGUSD are led by their teacher in reciting the Pledge codified in federal law. On June 22, 1942, Congress first codified the Pledge as "I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation indivisible, with liberty and justice for all." Pub. L. No. 623, Ch. 435, � 7, 56 Stat. 380 (1942) (codified at 36 U.S.C. � 1972). On June 14, 1954, Congress amended Section 1972 to add the words "under God" after the word "Nation." Pub. L. No. 396, Ch. 297, 68 Stat. 249 (1954) ("1954 Act"). The Pledge is currently codified as "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all." 4 U.S.C. � 4 (1998) (Title 36 was revised and recodified by Pub. L. No. 105-225, � 2(a), 112 Stat. 1494 (1998). Section 172 was abolished, and the Pledge is now found in Title 4.) To survive the "Lemon test," the government conduct in question (1) must have a secular purpose, (2) must have a principal or primary effect that neither advances nor inhibits religion, and (3) must not foster an excessive government entanglement with religion. Lemon, 403 U.S. at 612-13. The Supreme Court applied the Lemon test to every Establishment case it decided between 1971 and 1984, 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. 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. Jerry Johnson IANAL!! >>> [EMAIL PROTECTED] 06/27/02 11:44AM >>> Question - Was the ruling that they need to take out "under god" or just that making the kids say the pledge is unconstitutional? ----- Original Message ----- From: "Howie Hamlin" <[EMAIL PROTECTED]> To: "CF-Community" <[EMAIL PROTECTED]> Sent: Thursday, June 27, 2002 6:40 AM Subject: Scholars Expect Pledge Ruling Reversal > SAN FRANCISCO -- A federal appeals court panel drew outrage from across the political spectrum by ruling that it is > unconstitutuional for classrooms to recite the Pledge of Allegiance, but the decision may not last for long. > Some legal scholars say the ruling will likely either be overturned by the U.S. Supreme Court or reversed by the full > 9th U.S. Circuit Court of Appeals. > > "I would bet an awful lot on that," Harvard University scholar Laurence Tribe said. > > Wednesday's ruling was in response to an atheist's bid to keep his second-grade daughter from being exposed to religion > in school. In a 2-1 decision in favor of Michael Newdow, the panel took issue with the words "under God" in the pledge. > > http://www.washingtonpost.com/wp-dyn/articles/A53769-2002Jun27.html > > ______________________________________________________________________ Your ad could be here. Monies from ads go to support these lists and provide more resources for the community. http://www.fusionauthority.com/ads.cfm Archives: http://www.mail-archive.com/[email protected]/ Unsubscribe: http://www.houseoffusion.com/index.cfm?sidebar=lists
