Posted on 09/14/2005 1:26:12 PM PDT by FreedomCalls
SAN FRANCISCO -- A federal judge in San Francisco ruled Wednesday it is unconstitutional for public school children to recite the Pledge of Allegiance.
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's bound by precedent set by the 9th Circuit Court of Appeals, which ruled in 2002 that it was unconstitutional for the Pledge to be recited in public schools.
The Supreme Court threw out that case, ruling that Sacramento atheist Michael Newdow had no standing to bring the legal action.
Newdow objected to the words "under God" in the pledge.
Newdow brought the second case to the federal court -- this time, representing unidentified parents and their children.
Wednesday's decision sets up another constitutional showdown over the pledge.
The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals.
If the court does not change its precedent, the group would go to the Supreme Court.
Well now, I read today's decision, and apparently the Supreme Court "reversed," rather than "vacated," the prior Newdow case. However, the district court's reasoning that the 9th Circuit decision is still binding because it was "reversed" on the grounds of "prudential standing" is, IMHO, nonsense. Of course it doesn't really matter in the grand scheme of things because this case will go to the 9th Circuit regardless of what the district court judge decided.
You're not really surprised, are you?
ML/NJ
What is happening to my country?
I'm really getting scared.
GOD bless the USA!
Last time this happened, Congress was fuming mad. Where's the outrage now? Oops, don't want to get Roberts in there too easy.
This will come to SCOTUS. That is certain.
I suggest FReepers start doing their homework. Some seem to feel that this ruling will be shot down by the Supreme Court, but I, for one, cannot be comfortable with such "feelings," considering the destruction activist courts have wrought on this country.
Try reading WISCONSIN v. YODER ET AL. for starters.
1972 SCOTUS ruling on compulsory education for Amish children.
It's not nonsense. As far as the 9th circuit goes, the original ruling is still in effect until it is overruled by a higher court.
The real question is, why in the hell would any responsible parent EVER put their child in the control of the state?
No the reasoning does not still stand. The case was tossed. It is not a precedent for anything. Period.
It was tossed.
The tyranny of the minority.
Thanks. I had it somewhere, I just couldn't find it and it seemed particularly appropriate.
I wonder where this right that school children have to be "free from a coercive requirement to affirm God" is derived from. It's certainly not stated in the U.S. Constitution.
Don't worry, buddy. You'll get a 72 hour evacuation warning. :-)
Thanx for the explanation....
No, it was not.
The reason it's happening is because true patriots in office - afraid of public opinion - are afraid to confront the secular left with the truth: America is a nation conceived under God, the Judeo-Christain God, like it or leave it, and we believe in the supreme greatness of this God to guide our country to glory and defeat our enemies. Until we can stand up openly for such principles, the enemies of the state will continue to get their way, ignited by the the sedition ring leader in the supreme court, godd old Ruth Bater, who is also a traitor to her religion.
Meanwhile in 49 other states that are not terminally struck by liberalism and idiocy, the pledge recitations continue.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.