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Judge blocks mandatory Colorado pledge law
Casper Star-Tribune/AP ^ | 8/15/03 | STEVEN K. PAULSON

Posted on 08/15/2003 4:07:04 PM PDT by DPB101

Calling it divisive and discriminatory, a federal judge blocked a Colorado law Friday that requires public school students and teachers to recite the Pledge of Allegiance.

In issuing a temporary injunction, U.S. District Judge Lewis Babcock said the law discriminates against teachers by allowing students to opt out with a note from their parents. Teachers have no such option.

The judge also said the law pits students who choose to say the pledge against those who do not, and students against teachers.

''What is instructional about that? Isn't that compelled speech? To mandate every day that one make this pledge whether you believe it or not?'' Babcock asked. ''You can't compel a citizen of the United States to recite the Pledge of Allegiance.''

The injunction will be in effect until a full hearing on the challenge. A date for that hearing was not set.

The pledge has long been part of the routine in many Colorado schools but it was not required for all 750,000 public school students from kindergarten to 12th grade until the law took effect Aug. 6.

The law was challenged less than a week later by the American Civil Liberties Union on behalf of nine teachers and students from four Denver-area districts.

Anne Rosenblatt, a 14-year-old freshman at Cherry Creek High School and one of those who challenged the law, said she has refused to say the pledge since January.

''I don't believe in pledging my allegiance to an inanimate object,'' she said after the ruling. Her father, Richard, said he respected her rights.

Rick Kaufman, a spokesman for Jefferson County schools, said the injunction would not stop school officials from saying the pledge daily. He said principals were advised even before the court case not to discipline anyone for refusing to say the pledge, regardless of their reasons.

''We do look forward to this litigation,'' Kaufman said. ''It will help clear up any further direction for school districts with respect to the mandate of the state law.''

State Senate President John Andrews, R-Centennial, said the ruling was an insult.

''This is a gross insult to the patriotism of most Coloradans. It's bad jurisprudence. I'm confident it will be overturned on appeal,'' he said.

ACLU attorney Allen Chen told the judge the law posed irreparable harm to the First Amendment rights of students and teachers.

''This is nothing less than ritualistic recitation of words that have much meaning to some people and no meaning to other people,'' he said.

State officials say anyone can choose not to say the pledge under certain circumstances. Assistant Deputy Attorney General Maurice Knaizer said the pledge requirement was just part of a state-mandated curriculum.

''I don't think there's any argument that the education of children is an important state objective,'' he told the judge.

Colorado is one of 33 states that require students to recite the pledge during the school day, according to the Education Commission of the States. Specific rules vary.

Last month, a federal court ruled a Pennsylvania law requiring all students to recite the pledge or sing the national anthem violated students' freedom of speech under the First Amendment.

The Supreme Court is expected to announce this fall whether it will consider another federal court ruling in San Francisco that said regular classroom recitations of the pledge are unconstitutional because of the phrase ''one nation, under God.'' That case began with a lawsuit by an atheist who sued the school district where his daughter was a second-grader.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: Colorado
KEYWORDS: aclu; pledge; pledgeofallegiance
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To: jwalsh07
What about that little note from home? If they have to get a note from home, they're being coerced. As far as I'm concerned, the Pennsylvania decision was correct.



61 posted on 08/15/2003 6:11:18 PM PDT by ladylib
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To: ladylib
You must the only one who loves it when federal judges advance the liberal agenda. Like the rest of us don't get a say. Duh.
62 posted on 08/15/2003 6:12:41 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: ladylib
What about that little note from home? If they have to get a note from home, they're being coerced. As far as I'm concerned, the Pennsylvania decision was correct.

Get real, children who have not reached the age of majority take direction and guidance from their parents who have reached the age of majority and are responsible for their children.

Even this judge didn't use that argument.

Cripes.

63 posted on 08/15/2003 6:14:26 PM PDT by jwalsh07
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To: jwalsh07
My thinking exactly. Whatever happened to common sense?
64 posted on 08/15/2003 6:15:41 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
Its not like we have a Patriotism Police. I think its a bogeyman fear. No one is compelling any one to recite anything at gunpoint. That exists only in the ACLU's imagination...

So, it took a ruling by a federal judge to overide a state of Colorado interpretation that requiring people to recite the pledge only exists in the ACLU's imagination? I think those people are way out in left field frequently, but this time, I agree with them. No government should have the authority to compel it's citizens how to think. It doesn't matter if the thinking is right or wrong, the goverment doesn't have the right to compel it.

65 posted on 08/15/2003 6:16:17 PM PDT by Mushinronshasan
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To: ladylib
Personally, I agree with his statements on family values. He not only spoke the words but believed and lived them. I remember him defending prayer in school. IIRC the issue was Bible clubs. If schools canceling Thanksgiving lunch and providing prayer rooms to Muslim students following Ramadan is not unConstitutional, neither is a Bible club.

There's nothing wrong with the Pledge as long as students are allowed to opt out if they want.

66 posted on 08/15/2003 6:17:35 PM PDT by cake_crumb (UN Resolutions = Very Expensive, Very SCRATCHY Toilet Paper)
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To: goldstategop
"You must the only one who loves it when federal judges advance the liberal agenda. Like the rest of us don't get a say. Duh."

When was the last time you got a say, Duh? Really, when was the last time you got a say about anything?


67 posted on 08/15/2003 6:18:03 PM PDT by ladylib
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To: Mushinronshasan
And the government is compelling Colorado schoolchildren to say something against their inclination, how exactly? I must have missed it.
68 posted on 08/15/2003 6:18:20 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: ladylib
That's the problem. Liberals think what we want doesn't count. No wonder this country is headed in the wrong direction.
69 posted on 08/15/2003 6:19:35 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
Cognitive dissonance, it's epidemic.
70 posted on 08/15/2003 6:21:03 PM PDT by jwalsh07
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To: cake_crumb
The old man is a cynical whore. George W. is not cynical and is doing the best he can as far as I'm concerned (probably realizes he screwed up early in life and want to do his best). I believe he really feels he has a mission in life and I applaud him for it. His father -- no way.
71 posted on 08/15/2003 6:21:08 PM PDT by ladylib
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To: ladylib
"Please, let's just rip the damn thing up and do what the people want, okay?"

I hope you're joking.

72 posted on 08/15/2003 6:22:31 PM PDT by cake_crumb (UN Resolutions = Very Expensive, Very SCRATCHY Toilet Paper)
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To: jwalsh07
You know, no matter how many times you repeat the big lie, it's still that, the big lie. The Colorado Law acknowledges the 1943 Barnett decision that students can't be coerced. But pay no mind to that, continue down the path of robed oligarchies ruled by secular humanists whose gospel is moral relativism. Enjoy!

If you mean the robed oliarchies ruled by secular humanists are preventing the people from being subjected to theocracies such as we see in the Muslim world, I am very much in favor of the robed ones preventing the mullahs from taking power.

73 posted on 08/15/2003 6:24:36 PM PDT by Mushinronshasan
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To: ladylib
"What about that little note from home? If they have to get a note from home, they're being coerced. As far as I'm concerned, the Pennsylvania decision was correct"

Going to school is compulsory (for now). Kids need a note from home if they don't go.

74 posted on 08/15/2003 6:25:50 PM PDT by cake_crumb (UN Resolutions = Very Expensive, Very SCRATCHY Toilet Paper)
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To: cake_crumb
Yes, I'm joking. I'm just annoyed right now.
75 posted on 08/15/2003 6:28:12 PM PDT by ladylib
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To: cake_crumb
Apples and oranges. Compulsory education is one thing. A compulsory Pledge of Allegiance is another thing.

76 posted on 08/15/2003 6:30:09 PM PDT by ladylib
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To: goldstategop
And the government is compelling Colorado schoolchildren to say something against their inclination, how exactly? I must have missed it.

Sorry you missed it. Here is the quote from the article:

Calling it divisive and discriminatory, a federal judge blocked a Colorado law Friday that requires public school students and teachers to recite the Pledge of Allegiance.

Hope this helps!

77 posted on 08/15/2003 6:31:21 PM PDT by Mushinronshasan
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To: cake_crumb
Yes, they have to go to school. No, they don't have to pledge allegiance to their country. Okay? It's already been decided in many court cases.
78 posted on 08/15/2003 6:32:34 PM PDT by ladylib
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To: Mushinronshasan
The State Legislature can fix the law. But judges know a heck of a lot better than the rest of us mortals.
79 posted on 08/15/2003 6:33:43 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: ladylib
IMO George HW IS more cynical than his son, but nowhere near to the point of being a whore. I'd have to say that Clinton wins that honor.

I agree with your assessment of the current President Bush. I believe in him far more than I was ever able to believe in his father - not that I didn't like the elder President Bush, because I did...just not as much as his son.

80 posted on 08/15/2003 6:34:32 PM PDT by cake_crumb (UN Resolutions = Very Expensive, Very SCRATCHY Toilet Paper)
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