Archive for Thursday, August 11, 2005

Court upholds law on Pledge of Allegiance

August 11, 2005

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— An appeals court on Wednesday upheld a Virginia law that requires public schools to lead a daily recitation of the Pledge of Allegiance, rejecting a claim that its reference to God was an unconstitutional promotion of religion.

A suit filed by Edward Myers of Sterling, Va., a father of three, raised the objection to the phrase "one nation under God."

A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond ruled that the pledge is a patriotic exercise, not an affirmation of religion similar to a prayer.

Myers' attorney, David Remes, said the 4th Circuit judges failed to examine the pledge's effect on children.

"The problem is that young school children are quite likely to view the pledge as affirming the existence of God and national subordination to God," Remes said. "The reference to God is one of the few things in the pledge that children understand."

Three years ago, a federal appeals court in California sided with another father who had argued that requiring the Pledge of Allegiance in public schools was unconstitutional because of the words "under God." However, the U.S. Supreme Court dismissed that case last year, saying Michael Newdow lacked standing to sue on behalf of his young daughter because he didn't have custody of her.

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