One nation, divisible by god
Do you suppose that Judge Goodwin knew what a furor he would inspire by his ruling? (It appears so. Here's an interview with Judge Goodwin, and here's Eugene Volokh's summary and comments.)
It does no one any good to render it in shorthand as "The Pledge of Allegiance is Unconstitutional." It is no such thing, and the judge did not say so. I can recite it whenever I choose, free of repercussions. So can you. So can anyone, freely and of his own will, pledge allegiance to this eminently worthy country, and he may swear by whatever god he cares to name, or none at all, in doing so. This right is exactly what the First Amendment was written to define.
Freedom of speech is also the freedom to remain silent. So the framers intended, I believe, and so the courts have subsequently ruled. We usually encounter this in a defendant's right to withhold self-incriminating testimony, a special case specifically guaranteed in the fifth amendment (made famous in so many Hollywood movies). If the words "under God" bother me, I have a constitutionally-protected right not to say it. It doesn't bother me, and I do say it, but that remains my decision.
The phrase "under God" was added to the pledge in 1954, to differentiate this "Christian" nation from our biggest enemy at the time, the "godless" Communists. It was a mistake then: It's a mistake now.
And now, as we still contemplate the aftermath of the events of 9-11-01, I think it's appropriate to examine this issue. The world is watching to see just how hypocritical we are. The United States of America is the first superpower of its kind, a nation that does not seek to build an empire, a nation that does not impose a faith on its satellites -- or even on its own citizens. At least, that's what we keep telling 'em -- under God.
E pluribus unum. Allegiance to this country should not require devotion to its majority faith.
In Pakistan and Saudi Arabia, it isn't exactly illegal to be Christian, but it's illegal if anyone can tell. What is the opposite of that?
This: The United States has no official state-sponsored religion. It would be unconstitutional to name one.
The guy who brought this lawsuit in the first place appears to be a loon -- but a stopped clock is right twice a day. Public schools are government agencies. School attendance is required by law. Bad enough that government schools are requiring students to pledge allegiance to itself (how often do they discuss what the words actually mean?), worse that they require students to swear by God in doing so.
That's the part that's unconstitutional: The fact that the Government is making them say it. Such coercion, either directly by force of law or indirectly via social pressure, is illegal.
(I've merely poked at the extremities: Eugene Volokh drives a stake through its heart.)
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