Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, September 14, 2005

The Pledge: Here We Go Again . . .

A federal district court in California has ruled that the reciting of the Pledge of Allegiance in public schools violates the First Amendment because it coerces school-children to "affirm God."  Here is a news story about the case.  Here is another.  And here, thanks to Howard Bashman, is the opinion.

As the Declaration on Religious Freedom, Dignitatis humanae, makes clear, coercion in matters of religion is inconsistent with human dignity.  So, I have to say, I prefer to see courts analyzing cases like this in terms of "coercion" than to have them speculate about whether "reasonable people" would perceive in challenged state actions government "endorsement" of religion.  That said, I am confident that reviewing courts will not affirm the district court's conclusion that the (voluntary) recitation of the Pledge involves unconstitutional (or immoral) coercion.

Rick

https://mirrorofjustice.blogs.com/mirrorofjustice/2005/09/the_pledge_here.html

| Permalink

TrackBack URL for this entry:

https://www.typepad.com/services/trackback/6a00d834515a9a69e200e550410b118833

Listed below are links to weblogs that reference The Pledge: Here We Go Again . . . :

» Federal judge declares Pledge of Allegiance in public schools unconstitutional from Unpartisan.com Political News and Blog Aggregator
Reciting the Pledge of Allegiance in public schools was declared unconstitutional today by a federal [Read More]