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Sacramento atheist wins suit over Pledge of Allegiance
Sac Bee ^ | 6/26/02 | Bee staff and Associated Press

Posted on 06/26/2002 1:17:14 PM PDT by NormsRevenge

Edited on 04/12/2004 5:39:46 PM PDT by Jim Robinson. [history]

The Pledge of Allegiance is an unconstitutional endorsement of religion and cannot be recited in schools, a federal appeals court ruled Wednesday in a case from an Elk Grove school brought by a Sacramento atheist.

The 9th U.S. Circuit Court of Appeals in San Francisco overturned a 1954 act of Congress inserting the phrase "under God" after the phrase "one nation" in the pledge.


(Excerpt) Read more at sacbee.com ...


TOPICS: News/Current Events
KEYWORDS: allegiance; atheist; pledge
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1 posted on 06/26/2002 1:17:14 PM PDT by NormsRevenge
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To: NormsRevenge
And people wonder why I advocate Christian monarchy and an established State Religion...

B-chan

2 posted on 06/26/2002 1:23:45 PM PDT by B-Chan
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To: NormsRevenge
As long as there are tests, there will be prayer (i.e. God) in schools. There probably is some activists trying to abolish tests in schools.
3 posted on 06/26/2002 1:26:33 PM PDT by PetroniDE
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To: NormsRevenge
Under this reasoning we must, of course, also ban the Declaration of Independence and all US currency from being in schools also.
4 posted on 06/26/2002 1:26:39 PM PDT by joebuck
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To: NormsRevenge
I'n tell them to "Go to Hell" but that would be an unconstitutional endorsement of religion too
5 posted on 06/26/2002 1:26:43 PM PDT by tophat9000
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To: NormsRevenge

I pledge allegiance to the Flag of the United States of America, and to the Republic, for which it stands; one nation, indivisible, with liberty and justice for all.

6 posted on 06/26/2002 1:27:54 PM PDT by anniegetyourgun
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To: anniegetyourgun
AND UNDER GOD!
7 posted on 06/26/2002 1:28:55 PM PDT by anniegetyourgun
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To: NormsRevenge
How so very sad that the dear departed Red Skelton's prophetic words (at the end of his essay) have come true...sad.


Please allow me to present an insightful commentary made years ago by Red Skelton.

Red Skelton's Commentary on 'The Pledge of Allegiance'
From the Red Skelton Hour, January 14, 1969


To listen to this actual recording with 'Real Audio' press here:

"…….Getting back to school, I remember a teacher that I had. Now I only went, I went through the seventh grade. I left home when I was 10 years old because I was hungry."

[laughter]

"And ... this is true. I worked in the summer and went to school in the winter. But, I had this one teacher, he was the principal of the Harrison school, in Vincennes, Indiana. To me, this was the greatest teacher, a real sage of ...of my time, anyhow."

"He had such wisdom. We were all reciting the Pledge of Allegiance one day, and he walked over. This little old teacher ... Mr. Lasswell was his name."

"He said: 'I've been listening to you boys and girls recite the Pledge of Allegiance all semester and it seems as though it is becoming monotonous to you. If I may, may I recite it and try to explain to you the meaning of each word?'"…….

I
- - Me; an individual; a committee of one.

Pledge
- - Dedicate all of my worldly goods to give without self-pity.

Allegiance
- - My love and my devotion.

To the Flag
- - Our standard; Old Glory ; a symbol of courage; and wherever she waves there is respect, because your loyalty has given her a dignity that shouts, Freedom is everybody's job.

Of The United
- - That means that we have all come together.

States
- - Individual communities that have united into forty-eight great states. Forty-eight individual communities with pride and dignity and purpose. All divided by imaginary boundaries, yet united to a common cause, and that is love of country, of America

. And to the Republic
- - Republic--a sovereign state in which power is invested in representatives chosen by the people to govern. And government is the people; and it's from the people to the leaders, not from the leaders to the people.

For which it stands

One Nation
- - One Nation--meaning, so blessed by God.

Indivisible
- - Incapable of being divided.

With Liberty
- - Which is Freedom; the right of power for one to live his own life, without fears, threats, or any sort of retaliation.

And Justice
- - The principle, or qualities, of dealing fairly with others.

For All
- - For All--that means, boys and girls, it's as much your country as it is mine.

And now, boys and girls, let me hear you recite the Pledge of Allegiance:

I pledge allegiance to the Flag of the United States of America, and to the Republic, for which it stands; one nation, indivisible, with liberty and justice for all.

Since I was a small boy, two states have been added to our country, and two words have been added to the Pledge of Allegiance: Under God. Wouldn't it be a pity if someone said that is a prayer, and that be eliminated from schools, too? “



Red Skelton ( July 18, 1913 - Sept 17, 1997)
Thanks Red, … "Good Night ... and ... God Bless"


8 posted on 06/26/2002 1:36:58 PM PDT by Stand Watch Listen
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To: Stand Watch Listen
One nation under God


9 posted on 06/26/2002 1:44:58 PM PDT by TxBec
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To: joebuck

"Under this reasoning we must, of course, also ban the Declaration of Independence and all US currency from being in schools also."...agreed.
We hold these truths to be self-evident, that all men are
created
equal, that

they are endowed by their
Creator
with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness
.

10 posted on 06/26/2002 1:46:15 PM PDT by Texas Gal
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To: Stand Watch Listen
From our constitution (Article VII, last paragraph) Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names

What about this reference to Jesus?

11 posted on 06/26/2002 1:49:39 PM PDT by kazatzkeh
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To: NormsRevenge
This one is probably next:

CODE OF CONDUCT

Article I: I am an American fighting man. I serve in the forces which guard my country and our way of life. I am prepared to give my life in their defense.

Article II: I will never surrender of my own free will.
If in command, I will never surrender the troops under my command while they still have the means to resist.

Article III: If I am captured, I will continue to resist by all
means available. I will make every effort to escape and to aid others to escape. I will accept neither parole nor
special favors from the enemy.

Article IV: If I become a prisoner of war, I will keep faith
with my fellow prisoners. I will give no information
nor take part in any action that might be harmful
to my comrades. If I am senior, I will take command.
If not, I will obey lawful orders of those appointed
over me and will back them in every way.

Article V: When questioned, should I become a prisoner of war, am required to give name, rank, service number, and date of birth. will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country or its allies or harmful to their cause.

Article VI: I will never forget that I am an American,
fighting for freedom, responsible for my actions,
and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.

12 posted on 06/26/2002 1:51:05 PM PDT by Ben Hecks
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To: NormsRevenge
"It is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor." - George Washington, 1st President of the United States*

* Added for the benefit of any post-1975 graduates of pulic skools.

13 posted on 06/26/2002 2:02:41 PM PDT by TheGrimReaper
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To: Ben Hecks
They already changed 'fighting man' to something less gender-specific.
14 posted on 06/26/2002 2:12:51 PM PDT by Britton J Wingfield
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To: NormsRevenge
This is tyranny of the majority by a minority. Like it or not, a majority of the American people have accepted the Judeo / Christian faiths by free choice, not coersion. We aren't going anywhere. Atheists are invited to emigrate to an atheistic country of their choice if the public practice of our religion is so odious. Good luck, and don't let the door pop you on the way out!

P.S. - I guess Atheists shouldn't use our country's money - the Almighty's name is on that, too.

15 posted on 06/26/2002 2:17:02 PM PDT by TexasRepublic
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To: TexasRepublic
This is tyranny of the majority by a minority.

Darn that Constitution! Always stifling the will of the majority...

16 posted on 06/26/2002 2:37:02 PM PDT by jennyp
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To: NormsRevenge
Supreme Court of New York 1811, in the Case of the People V Ruggles, 8 Johns 545-547, Chief Justice Chancellor Kent Stated:

The defendant was indicted ... in December, 1810, for that he did, on the 2nd day of September, 1810 ... wickedly, maliciously, and blasphemously, utter, and with a loud voice publish, in the presence and hearing of divers good and Christian people, of and concerning the Christian religion, and of and concerning Jesus Christ, the false, scandalous, malicious, wicked and blasphemous words following: "Jesus Christ was a bastard, and his mother must be a whore," in contempt of the Christian religion. .. . The defendant was tried and found guilty, and was sentenced by the court to be imprisoned for three months, and to pay a fine of $500.

The Prosecuting Attorney argued:

While the constitution of the State has saved the rights of conscience, and allowed a free and fair discussion of all points of controversy among religious sects, it has left the principal engrafted on the body of our common law, that Christianity is part of the laws of the State, untouched and unimpaired.

The Chief Justice delivered the opinion of the Court:

Such words uttered with such a disposition were an offense at common law. In Taylor's case the defendant was convicted upon information of speaking similar words, and the Court . . . said that Christianity was parcel of the law, and to cast contumelious reproaches upon it, tended to weaken the foundation of moral obligation, and the efficacy of oaths. And in the case of Rex v. Woolston, on a like conviction, the Court said . . . that whatever strikes at the root of Christianity tends manifestly to the dissolution of civil government. . . . The authorities show that blasphemy against God and . . . profane ridicule of Christ or the Holy Scriptures (which are equally treated as blasphemy), are offenses punishable at common law, whether uttered by words or writings . . . because it tends to corrupt the morals of the people, and to destroy good order. Such offenses have always been considered independent of any religious establishment or the rights of the Church. They are treated as affecting the essential interests of civil society. . . .

We stand equally in need, now as formerly, of all the moral discipline, and of those principles of virtue, which help to bind society together. The people of this State, in common with the people of this country, profess the general doctrines of Christianity, as the rule of their faith and practice; and to scandalize the author of these doctrines is not only ... impious, but . . . is a gross violation of decency and good order. Nothing could be more offensive to the virtuous part of the community, or more injurious to the tender morals of the young, than to declare such profanity lawful.. ..

The free, equal, and undisturbed enjoyment of religious' opinion, whatever it may be, and free and decent discussions on any religious subject, is granted and secured; but to revile ... the religion professed by almost the whole community, is an abuse of that right. . . . We are a Christian people, and the morality of the country is deeply engrafted upon Christianity, and not upon the doctrines or worship of those impostors [other religions].. .. [We are] people whose manners ... and whose morals have been elevated and inspired . . . by means of the Christian religion.

Though the constitution has discarded religious establishments, it does not forbid judicial cognizance of those offenses against religion and morality which have no reference to any such establishment. . . . This [constitutional] declaration (noble and magnanimous as it is, when duly understood) never meant to withdraw religion in general, and with it the best sanctions of moral and social obligation from all consideration and notice of the law. . . . To construe it as breaking down the common law barriers against licentious, wanton, and impious attacks upon Christianity itself, would be an enormous perversion of its meaning. . . . Christianity, in its enlarged sense, as a religion revealed and taught in the Bible, is not unknown to our law. . . . The Court are accordingly of opinion that the judgment below must be affirmed: [that blasphemy against God, and contumelious reproaches, and profane ridicule of Christ or the Holy Scriptures, are offenses punishable at the common law, whether uttered by words or writings].

The Supreme Court in the case of Lidenmuller V The People, 33 Barbour, 561 Stated:

Christianity...is in fact, and ever has been, the religion of the people. The fact is everwhere prominent in all our civil and political history, and has been, from the first, recognized and acted upon by the people, and well as by constitutional conventions, by legislatures and by courts of justice.

The Supreme Court of Pennsylvania 1817, in the Case of The Commonwealth V Wolf stated the courts opinion as follows:

Laws cannot be administered in any civilized government unless the people are taught to revere the sanctity of an oath, and look to a future state of rewards and punishments for the deeds of this life, It is of the utmost moment, therefore, that they should be reminded of their religious duties at stated periods.... A wise policy would naturally lead to the formation of laws calculated to subserve those salutary purposes. The invaluable privilege of the rights of conscience secured to us by the constitution of the commonwealth, was never intended to shelter those persons, who, out of mere caprice, would directly oppose those laws for the pleasure of showing their contempt and abhorrence of the religious opinions of the great mass of the citizens.

The Supreme Court of Pennsylvania 1824, in the Case of Updegraph V The Commonwealth 11 Serg. & R. 393-394, 398-399, 402, 507 (1824) recorded the Courts Declaration that:

Abner Updegraph . . . on the 12th day of December [1821] . . .not having the fear of God before his eyes . . . contriving and intending to scandalize, and bring into disrepute, and vilify the Christian religion and the scriptures of truth, in the Presence and hearing of several persons ... did unlawfully, wickedly and premeditatively, despitefully and blasphemously say . . . : "That the Holy Scriptures were a mere fable: that they were a contradiction, and that although they contained a number of good things, yet they contained a great many lies." To the great dishonor of Almighty God, to the great scandal of the profession of the Christian religion.

The jury . . . finds a malicious intention in the speaker to vilify the Christian religion and the scriptures, and this court cannot look beyond the record, nor take any notice of the allegation, that the words were uttered by the defendant, a member of a debating association, which convened weekly for discussion and mutual information... . That there is an association in which so serious a subject is treated with so much levity, indecency and scurrility ... I am sorry to hear, for it would prove a nursery of vice, a school of preparation to qualify young men for the gallows, and young women for the brothel, and there is not a skeptic of decent manners and good morals, who would not consider such debating clubs as a common nuisance and disgrace to the city. .. . It was the out-pouring of an invective, so vulgarly shocking and insulting, that the lowest grade of civil authority ought not to be subject to it, but when spoken in a Christian land, and to a Christian audience, the highest offence conna bones mores; and even if Christianity was not part of the law of the land, it is the popular religion of the country, an insult on which would be indictable.

The assertion is once more made, that Christianity never was received as part of the common law of this Christian land; and it is added, that if it was, it was virtually repealed by the constitution of the United States, and of this state. . . . If the argument be worth anything, all the laws which have Christianity for their object--all would be carried away at one fell swoop-the act against cursing and swearing, and breach of the Lord's day; the act forbidding incestuous marriages, perjury by taking a false oath upon the book, fornication and adultery ...for all these are founded on Christianity--- for all these are restraints upon civil liberty. ...

We will first dispose of what is considered the grand objection--the constitutionality of Christianity--for, in effect, that is the question. Christianity, general Christianity, is and always has been a part of the common law . . . not Christianity founded on any particular religious tenets; not Christianity with an established church ... but Christianity with liberty of conscience to all men.

Thus this wise legislature framed this great body of laws, for a Christian country and Christian people. This is the Christianity of the common law . . . and thus, it is irrefragably proved, that the laws and institutions of this state are built on the foundation of reverence for Christianity. . . . In this the constitution of the United States has made no alteration, nor in the great body of the laws which was an incorporation of the common-law doctrine of Christianity . . . without which no free government can long exist.

To prohibit the open, public and explicit denial of the popular religion of a country is a necessary measure to preserve the tranquillity of a government. Of this, no person in a Christian country can complain. . . . In the Supreme Court of New York it was solemnly determined, that Christianity was part of the law of the land, and that to revile the Holy Scriptures was an indictable offence. The case assumes, says Chief Justice Kent, that we are a Christian people, and the morality of the country is deeply engrafted on Christianity. The People v. Ruggles.

No society can tolerate a willful and despiteful attempt to subvert its religion, no more than it would to break down its laws--a general, malicious and deliberate intent to overthrow Christianity, general Christianity. Without these restraints no free government could long exist. It is liberty run mad to declaim against the punishment of these offences, or to assert that the punishment is hostile to the spirit and genius of our government. They are far from being true friends to liberty who support this doctrine, and the promulgation of such opinions, and general receipt of them among the people, would be the sure forerunners of anarchy, and finally, of despotism. No free government now exists in the world unless where Christianity is acknowledged, and is the religion of the country.... Its foundations are broad and strong, and deep. .. it is the purest system of morality, the firmest auxiliary, and only stable support of all human laws. . . .

Christianity is part of the common law; the act against blasphemy is neither obsolete nor virtually repealed; nor is Christianity inconsistent with our free governments or the genius of the people.

While our own free constitution secures liberty of conscience and freedom of religious worship to all, it is not necessary to maintain that any man should have the right publicly to vilify the religion of his neighbors and of the country; these two privileges are directly opposed.

The Supreme Court of the State of South Carolina in 1846 in the case of City of Charleston V S.A. Benjamin cites an individual who broke the Ordinance that stated: "No Person or persons whatsoever shall publicly expose to sale, or sell... any goods, wares or merchandise whatsoever upon the Lord's day." The court convicted the man and came to the conclusion: "I agree fully to what is beautifully and appropriately said in Updengraph V The Commonwealth.... Christianity, general Christianity, is an always has been, a part of the common law; "not Christianity with an established church... but Christianity with liberty of conscience to all men."

17 posted on 06/26/2002 2:37:31 PM PDT by FF578
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To: Stand Watch Listen
And to the Republic    - - Republic--a sovereign state in which power is invested in representatives chosen by the people to govern. And government is the people; and it's from the people to the leaders, not from the leaders to the people.

   Somewhere along the way, this entire concept has been reversed, and our liberties are now at the whim of the lawmakers/enforcers.
  Anyone who thinks this is all going to just go away and get better is not grounded in reality. Just a matter of time. No God, no morality, no justice, and no more freedom. We surely need to shake the blinds off soon.
18 posted on 06/26/2002 2:59:24 PM PDT by Still Using Air
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To: B-Chan
And people wonder why I advocate Christian monarchy and an established State Religion...

Long time, no see.

And I am hip!!

Uh, why does your link take me to Mrs don-o's Amazon account?

19 posted on 06/26/2002 3:02:53 PM PDT by don-o
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To: NormsRevenge
More on this so-called "Michael Newdow" of California, ENEMY OF AMERICA.He is going to keep insisting and pushing the envelope.

"Newdow says his pledge fight -- unlike AU's strategic battles -- is essentially personal. The act of 1954 infringes on his own religious freedom, he claims. He's a minister of atheism, ordained by the Universal Life Church, a controversial California entity that has ordained millions of ministers of all stripes and beliefs at the mere asking. Newdow says he'll be opening his church, the First Amendment Church of True Science (FACTS), soon, likely on the Internet. Atheists, he argues, shouldn't have to pledge to a God in whom they don't believe. He compares his refusal to that expected of Christians, who would surely refuse to pledge allegiance to "one nation under Allah." Atheists, he says, are among the last groups in the U.S. that are fair game for hatred and discrimination. (At least six states still have laws barring atheists -- who make up between 4 and 13 percent of the U.S. population -- from holding public office.) He concedes that there isn't much sympathy for atheists in mainstream America and that his cause, which has been unpublicized until now, is likely to be met with popular derision. Still Newdow says he's certain that the appellate court, on the strength of his exhaustive arguments, will have to rule with him. If it does, the case could eventually land in the Supreme Court, where the act of 1954 would get its final challenge. If the appellate court rules against him, Newdow says he'll refile the case in another district. "I'll just have to start over," he says. "I'm not going to stop banging my head against this wall."

20 posted on 06/26/2002 3:06:02 PM PDT by AmericanInTokyo
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