The Dusty Dog

Pledge Deemed Unconstitutional

The courts have ruled that the Pledge of Allegiance is unconstitutional. It's about time. I don't think that this ruling or this issue is of critical importance, given the rest of the issues that this planet is dealing with these days. But, given that it was ruled on, and I applaud the ruling, I feel compelled to express my sentiments on the issue.

The original pledge, written by Francis Bellamy on October 11, 1892, was “I pledge allegiance to my Flag and the Republic for which it stands, one nation indivisible, with liberty and justice for all.” Initially, it was marketed as a way to celebrate the 400th anniversary of Columbus arriving in the Americas. Since then, per President Benjamin Harrison's proclamation, it has been a part of our collective patriotism, to be recited at schools, ball games, and other events. And changes were made along the way, including the addition of “under God.” http://en.wikipedia.org/wiki/Pledge_of_allegiance

Separation of church and state is a standard by which we, as Americans, hold our democracy dear. It's in our Constitution's Bill of Rights, First Amendment, also known as the Establishment Clause, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” That seems pretty clear to me. In fact, not only are we protected from a state-sanctioned religion, but we are also protected from any religious practice at all, if we so choose. This separation is what guarantees that this country will never become a theocracy. We are lucky. We should be proud. Our Constitutional framers insured us a future of freedom of and from religion.

However, that freedom was led astray, albeit somewhat slightly, in 1954, as a reaction during the McCarthy era against the godlessness of the Soviet Union and communism. In their knee-jerking, they infused religion into our Pledge of Allegiance by adding the phrase “under God.” Additionally, they chose to add the phrase, “In God We Trust” on our money. Well, god only knows why that was important to them. I suppose it provided the double whammy of subtly infusing religion into our government while also supporting the notion that god supports capitalism. Seems kind of silly to me.

But, it's more than silly. On September 14, 2005, U.S. District Judge Lawrence Karlton ruled that requiring the recitation of the Pledge of Allegiance illegal. The judge said he was bound by 2002 precedent of the 9th U.S. Circuit Court of Appeals. The finding said that the words "one nation under God" violate the right to be "free from a coercive requirement to affirm God." In other words, it violates the Establishment Clause of the Constitution.

I applaud the ruling. Again, it's not the most pressing and urgent issue facing our nation or the world right now. But, it is important. Not only should the government not dictate any kind of religious preference, it should also be completely silent on the issue of religion entirely. We are a secular nation. It is not our government's place to presume the presence of a god. That is left to the exclusive right outlined in the Constitution for American citizens to determine for themselves, and to determine how and which and if such a god or a religion is important. It is one of our most treasured freedoms.

posted by Dusty Dog at 9/21/2005