OH MY FREAKING GOD (yes i said god)
This is the most absurd thing I have ever in my life seen.
Judge: Pledge In Public Schools Unconstitutional
Written By The Associated Press
Last Updated: 9/14/2005 4:50:46 PM
A federal judge declared the reciting of the Pledge of Allegiance in
public schools unconstitutional Wednesday in a case brought by the same
atheist whose previous battle against the words "under God" was
rejected by the U.S. Supreme Court on procedural grounds.
U.S. District Judge Lawrence Karlton ruled that the pledge's reference
to one nation "under God" violates school children's right to be "free
from a coercive requirement to affirm God."
Karlton said he was bound by precedent of the 9th U.S. Circuit Court of
Appeals, which in 2002 ruled in favor of Sacramento atheist Michael
Newdow that the pledge is unconstitutional when recited in public
schools.
The Supreme Court dismissed the case last year, saying Newdow lacked
standing because he did not have custody of his elementary school
daughter he sued on behalf of.
Newdow, an attorney and a medical doctor, filed an identical case on
behalf of three unnamed parents and their children. Karlton said those
families have the right to sue.
Karlton, ruling in Sacramento, said he would sign a restraining order
preventing the recitation of the pledge at the Elk Grove Unified, Rio
Linda and Elverta Joint Elementary school districts in Sacramento
County, where the plaintiffs' children attend.
The order would not extend beyond those districts unless it is affirmed
by a higher court, in which case it would apply to nine western states.
The decision sets up another showdown over the pledge in schools, at a
time when the makeup of the Supreme Court is in flux.
Wednesday's ruling comes as Supreme Court nominee John Roberts faces
day three of his confirmation hearings before the Senate Judiciary
Committee. He would succeed the late William H. Rehnquist as chief
justice.
In July, Sandra Day O'Connor announced her plans to retire when a
successor is confirmed.
The Becket Fund, a religious rights group that is a party to the case,
said it would immediately appeal the case to the San Francisco-based
9th U.S. Circuit Court of Appeals. If the court does not change its
precedent, the group would go to the Supreme Court.
"It's a way to get this issue to the Supreme Court for a final decision
to be made," said fund attorney Jared Leland.
The decisions by Karlton and the 9th Circuit conflict with an August
opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Va. That
court upheld a Virginia law requiring public schools lead daily Pledge
of Allegiance recitation, which is similar to the requirement in
California.
A three-judge panel of that circuit ruled that the pledge is a
patriotic exercise, not a religious affirmation similar to a prayer.
"Undoubtedly, the pledge contains a religious phrase, and it is
demeaning to persons of any faith to assert that the words `under God'
contain no religious significance," Judge Karen Williams wrote for the
4th Circuit. "The inclusion of those two words, however, does not alter
the nature of the pledge as a patriotic activity."
Newdow, reached at his home, was not immediately prepared to comment.
Karlton, appointed to the Sacramento bench in 1979 by President Carter,
wrote that the case concerned "the ongoing struggle as to the role of
religion in the civil life of this nation" and added that his opinion
"will satisfy no one involved in that debate."
Karlton dismissed claims that the 1954 Congressional legislation
inserting the words "under God" was unconstitutional. If his ruling
stands, he reasoned that the school children and their parents in the
case would not be harmed by the phrase because they would no longer
have to recite it at school.
Terence Cassidy, a lawyer representing the school districts, said he
was reviewing the opinion and was not immediately prepared to comment.
Copyright 2005 Associated Press. All rights reserved. This material may
not be published, broadcast, rewritten, or redistributed.
Honestly, I understand that people are entitled to their opinions, but,
that doesnt mean that they are required to force their opinions onto
others. I know for a fact, that it is within a persons rights to
sit out for the pledge, or not say the particular part that happens to
offend them.
Also, the Pledge is part of an American Tradition. Yes, it
happens to say, "Under God" but it doesnt say which god, or even that
to say the pledge u have to believe in a god, or even
go to church for that matter. They are just TWO SIMPLE WORDS.
Please comment on this, i really want to know what other people think about this