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Federal judge rules Pledge of Allegiance unconstitutional in CA!
Fox News ^

Posted on 09/14/2005 11:51:27 AM PDT by Rightwingmom

SAN FRANCISCO — Reciting the Pledge of Allegiance (search) in public schools was ruled unconstitutional Wednesday by a federal judge who granted legal standing to two families represented by an atheist who lost his previous battle before the U.S. Supreme Court.

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


TOPICS: News/Current Events; US: California
KEYWORDS: 9thcircuit; aleftistwhomustgo; americanflag; antiamerican; antitheist; churchandstate; communist; constitution; flag; government; islamofascist; judgesrobe; lawsuit; letthemknow; nearyourhometown; newdow; ninthcircuit; pledge; pledgeofallegiance; professorsgown; purge; ruling; schools; thestockpilesong; undergod
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To: jwalsh07

The 9th circuit appeals court has not ruled, only a trial judge. There is no circuit court conflict - yet.


101 posted on 09/14/2005 7:32:12 PM PDT by Torie
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To: Rightwingmom

They are not only trying to get rid of the plege because of the "Under God" part, they are trying to do away with the pledge altogether!


102 posted on 09/14/2005 8:57:33 PM PDT by Thunder90
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To: thompsonsjkc

See post 102. The left is trying to say that it is unconstitutional to say the pledge in ANY form in a school (Nationalism as a religion arguement)


103 posted on 09/14/2005 9:01:16 PM PDT by Thunder90
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To: Thunder90

I don't think any judge has taken that bait yet.


104 posted on 09/14/2005 9:20:45 PM PDT by Torie
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To: Torie
Oh yes there is. The 4th and the 9th have come down with diametrically opposed holdings. This judges ruling was based on the 9th's precedent that POA is unconstitutional. And the 4th Circuit has held exactly opposite. It is time for the Judges up on Mt Olympus to have a BM or get off the pot.

Welcome to SCOTUS CJ Roberts.

105 posted on 09/14/2005 9:44:47 PM PDT by jwalsh07
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To: jwalsh07

Ok I didn't know the trial judge was just citing a holding that bound him. The posts I read, just got off that he was sitting in SF, and thus must be a nutter, a leftist, a homo, or all three. And so it goes.


106 posted on 09/14/2005 9:47:19 PM PDT by Torie
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To: Torie
Perfectly understandable.

Here's my question for you. SCOTUS has ruled that non compulsory recitation of the POA is perfectly constitutional (Barnette). 9th Circuit has ruled the same thing UnConstitutional because of the words "under God" (Newdow). Why is the District Judge not bound by SCOTUS holding in Barnett rather than 9th Circuit holding in Newdow?

I understand the holdings are based on different issues and that Barnette actually was ruled on prior to the addition of the words "under God" but nevertheless isn't the "law of the Land" that the POA is constitutional in school settings?

107 posted on 09/14/2005 9:53:07 PM PDT by jwalsh07
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To: Dead Corpse

If you haven't heard, God is a generic term recognizing a supreme power, not the exclusive name of the deity worhipped by Christians. The Bible identifies his name as YHWH in Hebrew, translated by some as Jehovah and others as Yahweh and some others as Yehowah.

Under God simply means recognition of a higher power, whatever you may regard that as.

To deny that, as atheist and human secularists do is tantamount to declaring their religion a state religion. Yes, they are religions as well.


108 posted on 09/14/2005 9:54:25 PM PDT by DakotaRed
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To: Rightwingmom

Wow. They really, really, really want to help Bush get right-wingers on the SC don't they? They just gave the R's a BIG tool to appoint pretty much anybody they want.

Heck, with enough things like this being news, we could renominate Bork.


109 posted on 09/14/2005 9:56:23 PM PDT by zbigreddogz
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To: jwalsh07

If the basis of the ruling of the 9th circuit was that evil "under God" thing, then the holding of SCOTUS which did not address was not there, is inapposite. Surely that seems clear. This near atheist does not mind saying under God, because the term "God" in this context I view as largely secular, in this day and age, conveying the message of gravitas, and I appreciate the gravitas, and wish to associate myself with it, because I think patriotism, and loyalty, is a matter of gravitas. I don't view the incantation in context as being essentially religious, but no doubt that view of mine is ideosyncratic.


110 posted on 09/14/2005 10:15:28 PM PDT by Torie
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To: rovenstinez
So WHY the big deal, if the parents don't want their kids to pledge allegiance...just cough...when others say UNDER GOD. Why make a big fuss?

Because Michael Newdork is a you know what. This teacher will be saying the Pledge with his class.

111 posted on 09/15/2005 1:42:21 AM PDT by moog
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To: kas2591

Perhaps the parents of the rest of the children who are now having their freedom of expression oppressed should start filing suit.

Sue Michael Newdork for all the time and taxpayer money he has wasted of ours in pursuit of forcing his views onto the rest of us.


112 posted on 09/15/2005 1:43:50 AM PDT by moog
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To: TheSane

It's required in my state.


113 posted on 09/15/2005 1:44:46 AM PDT by moog
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To: Jeff Head
"I have no problem with children of all ages being exposed to it. If the very youg children's parents do not approve, they can certainly request their children to not be a part. As they get older, they can choose for themselves to opt out."

Last time, it barely caused a ripple here and we still said the Pledge. I hope it will be the same this time. Michael Newdumb has too much time on his hands.

114 posted on 09/15/2005 1:47:54 AM PDT by moog
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To: little jeremiah

GM would have been looked on by Jefferson as amoral, that's for sure.


115 posted on 09/15/2005 1:50:39 AM PDT by moog
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To: Translates
What happens if the kids decide to say "one nation under God" anyway? Isn't that a First Amendment right? What will the school authorities do, call the cops to ARREST little children? Nope. That is their right to say so. That's the way they've learned it anyways. To be honest, none of my little first graders gets offended by saying, "under God" in the Pledge. They regard it as just part of it.

It's required in our curriculum to learn the Pledge and study the nation's symbols. Mr. Newdummy is trying to change my curriculum and dictate what I teach. I don't like that.

116 posted on 09/15/2005 1:54:32 AM PDT by moog
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To: expatguy; little jeremiah
(him to littlejeremiah)I don't even know what to say anymore other than the world is laughing at you as they watch you collapse.

That is not an appropriate comment to make. I don't always agree with lj, but I've at least developed a measure of respect for the passion he has for his stands.

117 posted on 09/15/2005 1:58:25 AM PDT by moog
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To: Thunder90

they are trying to do away with the pledge altogether

I think that's probably Newdumb's intention.


118 posted on 09/15/2005 2:01:01 AM PDT by moog
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To: moog; little jeremiah
Appropriate or not - it is a fact.

If you thought that it was directed solely a LJ then forgive me - it was directed at everyone (Americans).

The world is laughing at all of you as you continue on the path of self destruction.

Katrina alone demonstrated to many throughout the world that America is no better than any 3rd world county when it comes to social development. Lot of technology and high tech gizmos but when disaster strikes Americans revert to barbarism worse than any of the countries affected by the tsunami.

An American Expat in Southeast Asia

119 posted on 09/15/2005 2:34:52 AM PDT by expatguy (http://laotze.blogspot.com/)
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To: expatguy; little jeremiah
Appropriate or not - it is a fact. If you thought that it was directed solely a LJ then forgive me - it was directed at everyone (Americans). The world is laughing at all of you as you continue on the path of self destruction. Katrina alone demonstrated to many throughout the world that America is no better than any 3rd world county when it comes to social development. Lot of technology and high tech gizmos but when disaster strikes Americans revert to barbarism worse than any of the countries affected by the tsunami.

I don't like the petty sniping either, but underneath Katrina, I saw a lot of things happen besides what's reported in the media. Yes, there was the Silverdome, but there were other parts too and things are progressing at a faster rate than ever. I went to volunteer to help where some of the evacuees are being housed and was told I was not needed because there were so many volunteers. There has been unprecedented giving and support as has happened many times. I have seen it locally and statewide. The papers here have told of many heroic and positive stories that won't appear in the national or international news.

I look at other things besides just what I read in the papers or hear on the news.

I don't think that some people who regard themselves as being above "other people" as being socially developed.

But we will see what we want to see I guess.

120 posted on 09/15/2005 2:56:14 AM PDT by moog
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