21st Annual Bill of Rights
Art and Essay Contest, 2004-2005

for Students in Grades 7 through 12

TOPIC:  Does reciting "Under God" in the Pledge of Allegiance at school violate the Constitution?

THE CONSTITUTIONAL PRINCIPLES:

Freedom of Religion: The First Amendment to the United States Constitution says ". . .Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...."

THE QUESTION:

Does reciting the Pledge of Allegiance containing the words "under God" in public schools violate the Constitution by establishing religion or interfering with the free exercise of religion?

BACKGROUND:

California law requires that every public elementary school must begin each day with a patriotic exercise.   Education Code §52720 says that giving the Pledge of Allegiance to the flag of the United States of America satisfies this requirement.   Many California school districts require every elementary school class to recite the Pledge of Allegiance to the flag each day.   In 1954, Congress amended the Pledge of Allegiance to add the words, "under God". Before 1954, the Pledge said, "One Nation indivisible, with liberty and justice for all." It now says, "One Nation under God, indivisible, with liberty and justice for all."

Opponents argue that including the words, "under God" in the Pledge is unconstitutional because the Government establishes religion in school by asking school children to affirm allegiance to God at the same time they affirm their allegiance to their country.   Since the government is not permitted to favor religion or to favor one religion over another, saying that we are a nation "under God" is not neutral and it has the effect of forcing young school children to say and accept that there is one "God" for our nation.

In 1992 the U.S. Supreme Court in Lee v. Weisman struck down prayer at high school graduation because it violated the Constitution by compelling a religious exercise.   Some parents of school children also say that making their children recite "under God" in the Pledge of Allegiance every day violates their right to free exercise of religion under the Constitution.   They say it interferes with their rights as parents to influence their children's religious upbringing, and forces the Government to become entangled with religion the same as if the government required us to say "under Allah" or "under Buddha" or "under no God" everyday.

Those in favor of keeping "under God" in the Pledge of Allegiance say that it does not violate the Constitution because our nation's history has used patriotic references to God in official ways since the beginning of our government.   President George Washington referred to God in his inauguration speech, and so has almost every president since.   The motto, "In God We Trust" has appeared on coins since the time of the Civil War, and on paper currencies since the 1960s.   The Pledge is a public acknowledgment of the ideals that our flag symbolizes, and it is a patriotic exercise designed to foster national unity and pride in those principles.   The phrase "under God" is not a prayer, and does not make the Pledge a religious exercise that violates the Constitution, even in public schools.   Since the decision of the U.S. Supreme Court in West Virginia Board of Education v. Barnette in 1943, students who object to the Pledge may abstain from reciting it.

On June 14, 2004, the United States Supreme Court decided the case of Elk Grove Unified School District v. Newdow, but refused to decide whether or not including "under God" in the Pledge of Allegiance is unconstitutional.   Instead, the Court decided that the father who brought the case could not raise the issue on behalf of his daughter.   Three Supreme Court justices, however, wrote separate opinions that including "under God" in the Pledge is not unconstitutional.   They would overturn the Ninth Circuit Court of Appeals decision that the Pledge is unconstitutional because it violates the First Amendment by including the words "under God."

What do you think?  Does reciting "under God" in the Pledge of Allegiance at school violate the Constitution?

For more information, see the ACLU websites at:

• www.aclu.org
• www.aclunc.org

For Cases and Statutes see:

• www.findlaw.com
• www.supremecourtus.gov/opinions/opinions.html
• Newdow's website