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Breaking: Fed Judge Declares Pledge Unconstitutional
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| MisterOpus1 |
Here's some ammo for the Wingnutters. If anything you can fire up your base some more:
| quote: | Judge: School Pledge Is Unconstitutional
By DAVID KRAVETS
The Associated Press
Wednesday, September 14, 2005; 5:58 PM
SAN FRANCISCO -- A federal judge declared the reciting of the Pledge of Allegiance in public schools unconstitutional Wednesday, a decision that could put the divisive issue on track for another round of Supreme Court arguments.
The case was brought by the same atheist whose previous battle against the words "under God" was rejected last year by the 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.
Newdow hopes that will make it more likely the merits of his case will be addressed by the high court.
http://www.washingtonpost.com/wp-dy...5091401521.html |
Ehh, I dunno - I personally don't care too much for this one. Constitutionally-wise, I must admit the judge has a point, considering the "Under God" phrase was inserted in the 50's in efforts to "combat" Communism. And this doesn't seem to pass the Lemon Test very well, similar to school prayer (i.e. you can pray, just can't be sponsored or led by a school official).
Regardless, I personally don't lose too much sleep over it. The atheist father who started this whole shinding up in the 9th Circuit really is a cute little firecracker, and I really wonder if he was truly that pissed off about this whole thing in the first place. Anyway, it's nonetheless interesting.
But for any supporters of the "Under God" phrase out there, what legal standard would you opine this should be considered constitutional? |
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| The_One |
| This is good news indeed. Hopefully one day kids won't have to recite that B.S. each and every morning. Its just another way that schools shove propaganda down the throats of the nation's youth . Liberty and justice for all .... yeah fkn right. It will be interesting to see what happens with this case. |
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| Q5echo |
| quote: | Originally posted by MisterOpus1
a cute little firecracker |
i knew it!!! you're Nancy Pelosi aren't you? |
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| Shakka |
Wow. I wonder how many private school kids will start defecting to our wonderful public school system so they don't have to recite that God forsaken Pledge anymore!((pun intended).
If you don't believe in God, don't feed me some bull about lying to yourself. It don't matta what you think--you ain't going nowhere when you die!
At what point could they say that this was "Established Precedent"? Anyone smell a Supreme Court showdown with the new Chief Justice? Say, June 2006? Who's gonna be the wild card 2nd nominee??? Wapner?
:disbelief |
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| DaveSZ |
All this does is help the fundies/Jesus freaks to get all fired up, so Newdow is working against his own self-interest.
The SC will almost certainly not uphold this. |
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| occrider |
| Since the phrase "under god" was added in the 50's to battle the evil, atheist communists, wouldn't it make sense to remove the phrase today since we're battling the evil, god obsessed terrorists? |
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| MrSquirrel |
I declare occrider unconstitutional.
You are now, by law, not allowed to say jack .
:p
MrS |
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| Shakka |
| quote: | Originally posted by occrider
Since the phrase "under god" was added in the 50's to battle the evil, atheist communists, wouldn't it make sense to remove the phrase today since we're battling the evil, god obsessed terrorists? |
That is, in a word, strategery at its best!:stongue: |
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| Yoepus |
To that note, I wonder how 'forcing' kids to recite any part of the pledge is constitutional.
Afterall, what if they don't believe in freedom or liberty and find such terms offensive (say for instance they are childs of terrorists :p)?
Anyway, its really a silly and insignificant ruling IMO, because well it doesn't really matter.
I just want to point out to the person who started a thread a while back believing the fundies are getting stronger and more powerful in the USA: you are wrong and I am right. The fundies, despite their media-whore attention are about effective as a bug trying to penetrate the windshield of my car at 60mph. |
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| St_Andrew |
| Do they even have a pledge in North Korea? Really, America needs to grow up when it comes to some things :p |
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