Court rules reciting of Pledge of Allegiance unconstitutional
due to phrase; Officials say it’s never been a problem in GUSD
Gilroy – Every morning, elementary and middle school students stand, place their hands over their hearts and recite the Pledge of Allegiance. It has been a morning ritual in public schools nationwide for decades – but after a Sacramento federal court judge ruled Wednesday that the practice was unconstitutional because of the phrase “under God,” state school officials are working to protect the 50-year-old tradition.
“I am disappointed in (Wednesday’s) ruling,” said State Superintendent of Public Instruction Jack O’Connell in a release. “Reciting the Pledge of Allegiance at the start of the school day is one of our country’s great traditions and is an appropriate expression of patriotism to our country for students to learn and practice.”
He is working with the state Attorney General to keep the pledge in schools. The Pledge of Allegiance was formally adopted by Congress in 1942. The phrase, “under God,” was later added in 1954 during a time of heightened tension between the United States and the Soviet Union.
“At the end of the day, I strongly believe that every student in California should be able to express their patriotism by pledging allegiance to the flag,” O’Connell said. “I hope that when this matter is ultimately resolved, the courts will come to that same conclusion.”
U.S. District Judge Lawrence Karlton upheld a 2002 ruling on Wednesday that recitation of the pledge is unconstitutional on the grounds that the reference to God, encroaches upon children’s rights to be “free from a coercive requirement to affirm God.”
According to GUSD Superintendent Edwin Diaz, the Pledge of Allegiance is a standard practice in the elementary schools – and will remain so until he is notified otherwise. Gilroy High School does not recite the pledge and has not for several years.
“I see no reason to change it,” he said. “Not since I’ve been here have I heard one complaint from anybody.”
While the pledge may be a standard procedure, no student is required to say it.
“They have to stand and be respectful. No one has to say the pledge at all,” said Brownell Academy Principal Suzanne Damm. “We do it as a school … but a lot of kids aren’t from the United States and don’t say it.”
According to Damm, no one has ever complained about the pledge.
“With all of the things we need to do about education today, we’re worried about the flag salute and junk food,” she mused, laughing. “Personally, I would like to see (the pledge) kept in the schools.”
Both the 2005 and 2002 lawsuits were filed by atheist Michael Newdow, of Sacramento, whose daughter attended a school in a nearby district. Most recently, he is the lawyer representing three families claiming that the practice was unconstitutional.
In 2002, The 9th U.S. Circuit Court of Appeals in San Francisco ruled in his favor, claiming that the wording “under God,” violates the Constitution’s separation of church and state. Despite opposition from members of Congress, the U.S. Supreme Court was to hear the case in 2004 – but later decided Newdow had no legal standing to bring the case on his daughter’s behalf since she was not in his custody.
Karlton’s ruling will not affect schools outside his district, unless supported by the 9th Circuit or the Supreme Court.
Throughout Ascencion Solorsano Middle School Principal Sal Tomasello’s years as an administrator, he has heard one complaint about repeating the Pledge of Allegiance – and it was resolved by discussing it with the between the student and himself.
The student agreed to stand and respect the flag, but was not required repeat the pledge.
“If a student objects, then I think we need to discuss it … and address what their issues are. I think that’s our role as educators,” he explained. “We can use it as a teachable discussion in the classroom.”
