What an appalling statute. I am embarrassed for my native Texas (not the first time!).
Not only does this Texas pledge suggest a somewhat creepy-sounding conflict with pledging loyalty to the *United* States (and what's with the faux archaic language: "thee"?), but I think it plainly violates Barnette. I do not think a parental excuse option is adequate to save it. A child has a right to object him/herself on the spot, regardless of what the parent thinks, and before it may be feasible to obtain the parent's view. Furthermore, as discussed in some prior postings of mine when a similar issue came up: to the extent this statute (if it does, I haven't seen the full text) requires *private* schools to promote or hold such pledge-of-allegiance ceremonies, it plainly violates the free-speech rights of the private schools themselves. Finally, it is silly to refer to Texas as "indivisible" when the 1845 statehood act expressly gives Texas the option of splitting into five states. Bryan Wildenthal Thomas Jefferson School of Law -----Original Message----- From: Keith E. Whittington [mailto:[EMAIL PROTECTED] Sent: Monday, June 16, 2003 9:26 AM To: [EMAIL PROTECTED] Subject: Re: Texas Pledge of Allegiance The new Texas statute includes a parental option to excuse a student from reciting either pledge. keith whittington -----Original Message----- From: Discussion list for con law professors [mailto:[EMAIL PROTECTED] Behalf Of Gilbert, Lauren Sent: Monday, June 16, 2003 12:15 PM To: [EMAIL PROTECTED] Subject: Re: Texas Pledge of Allegiance Aren't we missing the obvious point here? It may be that certain government employees or even bar members are required to take the pledge pursuant to their employment or bar membership, but it seems a pretty clear violation of the First Amendment under West Virginia State Board of Education v. Barnette to require school children to pledge allegiance to the U.S. or Texas flags. Lauren Gilbert Assistant Professor of Law St. Thomas University School of Law -----Original Message----- From: Paul Finkelman [mailto:[EMAIL PROTECTED] Sent: Monday, June 16, 2003 1:09 AM To: [EMAIL PROTECTED] Subject: Texas Pledge of Allegiance I received the follow question from an English professor in one of the Texas state colleges. I wonder what people on this list think of the law law and her question: "The state legislature passed a law this session that mandates schoolchildren pledge an allegiance to the Texas flag as well as the US flag each morning. It goes: "Honor the Texas flag; I pledge allegiance to thee, Texas, one and indivisible." My question is this: if I pledge allegiance to Texas, am I not then nullifying my pledge to the US? Do I not, by pledging allegiance to one state, NOT pledge any allegiance to the other 49? This seems unconsitutional to me, but then what do I know? " -- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED]
