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Text of Pledge Of Allegiance Opinion
E. D. Cal. court website ^ | September 14, 2005 | Lawrence Karlton

Posted on 09/14/2005 1:32:58 PM PDT by pogo101

The opinion issued Sept. 14, 2005 may be accessed here.


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; US: California
KEYWORDS: 9thcircuit; americanflag; antiamerican; antitheist; churchandstate; constitution; flag; government; karlton; newdow; newdowopinion; ninthcircuit; pledge; schools
Did not see the text of the opinion itself posted in the threads discussing it. Hope this is OK to post separately.
1 posted on 09/14/2005 1:33:03 PM PDT by pogo101
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To: pogo101

Brought by the Rev. Michael Newdow? He is a reverend? I thought he did not believe in God.


2 posted on 09/14/2005 1:36:15 PM PDT by edcoil (Reality doesn't say much - doesn't need too)
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To: pogo101

Don't blame the judge, he may actually be quite sane, even though he was appointed by one of the worst presidents in modern times. Blame the Ninth Circus.


3 posted on 09/14/2005 1:36:31 PM PDT by DoraC (Ceterum censeo Palaestinam esse delendam!)
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To: edcoil

Atheism is a religion.
For $5.00 and a ticket to hell you can buy a "reverend" certificate.
Who knows how Newdow became a "reverend."


4 posted on 09/14/2005 1:43:05 PM PDT by Cindy
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To: pogo101; Neil E. Wright; NYer; Salem; SJackson

BTTT


5 posted on 09/14/2005 1:43:38 PM PDT by Fiddlstix (This Tagline for sale. (Presented by TagLines R US))
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To: Cindy

Every freak can call himself "Reverend". Just look at people like Al Sharpton, Jesse Jackson and Fred Phelps.


6 posted on 09/14/2005 1:50:22 PM PDT by DoraC (Ceterum censeo Palaestinam esse delendam!)
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To: DoraC

I don't know who Phelps is off hand, but I agree with you regarding Sharpton and Jackson.


7 posted on 09/14/2005 1:53:17 PM PDT by Cindy
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To: All
LIBERTY COUNSEL.org - News Release: "SAN FRANCISCO FEDERAL COURT STRIKES DOWN PLEDGE OF ALLEGIANCE" (September 14, 2005) (Read More...)

CONSERVATIVE EDUCATION FORUM: "THE FLAG" (Read More...)

8 posted on 09/14/2005 1:54:20 PM PDT by Cindy
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To: pogo101
The 9th Circus is still trying to establish atheism as the National Religion.

This nation was founded by God fearing men and will survive only so long as they prevail.
9 posted on 09/14/2005 2:04:29 PM PDT by Steamburg (Pretenders everywhere)
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To: Cindy

He was bounced from the Supreme Court because he didn't have standing to bring the case. He didn't have legal custody of the child he used as the vehicle to bring the case. His ex-wife had sole legal custody. How was he able to bring this case?


10 posted on 09/14/2005 2:04:42 PM PDT by airedale ( XZ)
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To: pogo101
Just once, I'd like to see a decision like this:

"The Constitution clearly states that the free practice of speech and religion are inviolate. Other courts have shown that free practice of speech and religion are incompatible with a system of mandatory public education.

Since the speech and religion are inviolate Constitutional rights, and education is not, I hereby rule that the Public Education System is unconstitutional, and is dissolved forthwith."
11 posted on 09/14/2005 2:09:01 PM PDT by LexBaird (tyrannosaurus Lex, unapologetic, yet compassionate carnivore)
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To: pogo101
Contranst and compare with Barnett vs. Board of Education, in which it was declared Unconstitutional (in 1943, during WWII) to compel a student by force of law to recite the Pledge of Allegiance. In contrast, the present ruling forbids the recital of the Pledge from being performed at the behest of the school system, even when a student is not required to participate.
12 posted on 09/14/2005 2:10:32 PM PDT by sourcery ("Compelling State Interest" is the refuge of judicial activist traitors against the Constitution)
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To: pogo101
Here is the Judge's footnote. Very telling...

This court would be less than candid if it did not acknowledge that it is relieved that, by virtue of the disposition above, it need not attempt to apply the Supreme Court’s recently articulated distinction between those governmental activities which endorse religion, and are thus prohibited, and those which acknowledge the Nation’s asserted religious heritage, and thus are permitted. As last terms cases, McCreary County v. ACLU, 125 S.Ct. 2722, 2005 WL 1498988 (2005) and Van Orden v. Perry, 125 S.Ct. 2854, 2005 WL 1500276 (2005) demonstrate, the distinction is utterly standardless, and ultimate resolution depends of the shifting, subjective sensibilities of any five members of the High Court, leaving those of us who work in the vineyard without guidance. Moreover, because the doctrine is inherently a boundaryless slippery slope, any conclusion might pass muster. It might be remembered that it was only a little more than one hundred ago that the Supreme Court of this nation declared without hesitation, after reviewing the history of religion in this country, that “this is a Christian nation.” Church of the Holy Trinity v. United States, 143 U.S. 457, 471 (1892). As preposterous as it might seem, given the lack of boundaries, a case could be made for substituting “under Christ” for “under God” in the pledge, thus marginalizing not only atheists and agnostics, as the present form of the Pledge does, but also Jews, Muslims, Buddhists, Confucians, Sikhs, Hindus, and other religious adherents who, not only are citizens of this nation, but in fact reside in this judicial district.

13 posted on 09/14/2005 2:16:13 PM PDT by Yo-Yo
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To: pogo101

The TYRANNY of the OLIGARCHY of MASTERS in black Robes!

Ask that *** what his opinion of the SECOND AMENDMENT is!


The Founders of our Nation and the Framers of the Constitution were well aware of the dangers of the tyranny and treason of a run-away governmental bureaucracy and had a very PRIMARY reason for the inclusion of the Second Amendment to the Constitution.

"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in Government." -- Thomas Jefferson, Author of The Declaration of Independence, and Third President of the United States

When citizens are well-armed, government officials must think twice before going too far down the road to tyranny against the citizenry. Thus, the right to bear arms protected by the Second Amendment is the best insurance policy that the American people could have against tyranny.


14 posted on 09/14/2005 8:42:19 PM PDT by hombre_sincero (www.sigmaitsys.com)
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