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The pledge flap: Let's brush up our civics

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Fourth of July fireworks exploded early this year.

Just listen to the cacophony of patriotic outrage across America in the wake of a federal appeals court decision declaring the Pledge of Allegiance unconstitutional because of the words "under God."

From Capitol Hill to city hall, resolutions, speeches, and rallies praising the that pledge – and condemning the court – fill the air. Not since the school prayer rulings of the 1960s has a court decision unleashed such an outpouring of emotion.

The timing couldn't be worse. After Sept. 11, most Americans don't want a federal judge telling kids they can't say "one nation, under God" in public schools. No doubt this decision would have stirred debate before 9/11. But during a time when "God Bless America" has become the de facto national anthem, feelings about being a nation "under God" run deep – even among Americans who are only nominally religious.

This is nothing new. Linking "God and country" in times of national crisis is a familiar theme. "In God We Trust," for example, was added to American coins in the wake of the Civil War. "Under God" was added to the Pledge of Allegiance in 1954 at the height of the cold war. Now the war on terrorism has provoked lawmakers to revive the flag salute in hundreds of school districts.

The fact that these references to God have been woven into the fabric of national life has, until now at least, made courts reluctant to disturb them. Rightly or wrongly, the courts view these practices as mere "ceremonial deism" that do not rise to the level of government establishment of religion, as prohibited by the First Amendment.

It's true that the courts are generally stricter when applying the establishment clause in public schools. But the Supreme Court is very unlikely to view a classroom patriotic exercise that mentions God as imposing religion, especially if those who object are allowed to opt out.

Then there's the slippery slope problem. If reciting "under God" violates the First Amendment, what about "America the Beautiful" or, for that matter, the last stanza of the "Star Spangled Banner" ("And this be our motto – In God is our trust.")?

For these reasons (and others), the panel of the Ninth Circuit Court of Appeals will soon be overruled – either by the full circuit court or by the US Supreme Court. Meanwhile, the order has been stayed by the judge who wrote the opinion.


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