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House condemns appeals court over Pledge of Allegiance ruling

By The Associated Press
03.21.03

WASHINGTON — The House voted yesterday to condemn a federal appeals court's rulings that reciting the Pledge of Allegiance in public schools is unconstitutional because of its reference to God.

The nonbinding resolution, passed 400-7 with 15 members voting present, states that the phrase "one nation under God" in the pledge reflects the religious faith central to the founding of the nation and that its recitation is a patriotic act, not a statement of religious faith.

It urged the attorney general to appeal the decision of the 9th U.S. Circuit Court of Appeals to the Supreme Court and encouraged the continued voluntary recitation of the pledge in school classrooms.

"The 9th Circuit continues to get it wrong," said House Judiciary Committee Chairman James Sensenbrenner, R-Wis. He said the court had refused to rehear the case at a time when the nation is preparing for "an impending war to defend the values upon which our great nation is founded."

Meanwhile, Utah Gov. Mike Leavitt has signed a bill requiring junior high and high schools to hold weekly Pledge of Allegiance recitations by students. The new law allows students to opt out of the pledge with a parent's note.

In the Congress, Rep. Doug Ose, R-Calif., the author of H.Res. 132, represents the city of Elk Grove and portions of the Elk Grove Unified School District, where Sacramento resident Michael Newdow originally filed his lawsuit against the pledge.

"There is no better time than today, as America begins its military campaign to protect our homeland, that we honor our men and women of the military and reaffirm our patriotism to this great nation," Ose said after the vote.

The court last summer ruled in favor of Newdow, an atheist who said his daughter shouldn't be subjected to collective recitations of the pledge. On Feb. 28, the court stood by that ruling.

Bush administration officials have criticized the rulings but have not said whether the administration will appeal the case to the Supreme Court.

The House resolution says the appeals court rulings are inconsistent with Supreme Court decisions that voluntarily reciting the pledge and similar patriotic expressions is consistent with the First Amendment. Lawmakers warned that the court decision also threatened school recitations of other historic documents such as the Declaration of Independence and the Gettysburg Address.

The House and Senate approved similar resolutions last summer.

Lawmakers not supporting the resolution questioned whether Congress should be telling the judicial branch how to interpret the law. They opposed a provision in the resolution stating that the president should nominate federal court judges who interpret the Constitution correctly.

"It doesn't stop at expressing disapproval," said Rep. William Delahunt, D-Mass., who voted "present." "It goes further in a way that I believe would set an unwise and dangerous precedent." He said it sends a "not-so-subtle message" to judges that "they had better tailor their constitutional views to those of the congressional majority if they wish to be confirmed."

The 9th Circuit comprises the western states of Alaska, Arizona, California, Hawaii, Idaho, Nevada, Montana, Oregon and Washington. The court, after its recent decision, issued an order putting the decision on hold pending a review by the Supreme Court so that students in public schools can continue to recite the pledge.


Update
Bush asks Supreme Court to preserve 'under God' in pledge
'Whatever else the establishment clause may prohibit, this court's precedents make clear that it does not forbid the government from officially acknowledging the religious heritage, foundation and character of this nation,' administration court filing says. 05.01.03

Related

Utah lawmaker pushes mandatory pledge bill

Measure to require weekly recitations at secondary schools would allow students to opt out of oath only if they have parental permission. 02.04.03

9th Circuit stays Pledge of Allegiance ruling
Order gives California school district 90 days to ask Supreme Court to review decision that phrase 'under God' amounts to government endorsement of religion. 03.05.03

School telling parents when kids don't stand for Pledge
Civil liberities group concerned about school policy in Bellingham, Mass. 04.08.03

Justice Department to fight to keep Pledge in public schools
Meanwhile, Senate passes nonbinding resolution condemning federal judge's ruling that oath can't be recited in classrooms because it contains phrase 'under God.' 09.16.05

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