Monotheistic Pledge?

            A three-judge panel of the U.S. Court of Appeals for the 9th Circuit in Newdow v US ruled 2 to 1 that the reference to God, which was added to the pledge by Congress in 1954, amounts to an official endorsement of monotheism. Thus, the San Francisco-based court said, both the 1954 law and a California school district's policy requiring teachers to lead children in the pledge violate the First Amendment prohibition against the establishment of a state. [The opinion was later amended to only find the latter ... the law itself is still valid; teacher led recitation in the Ninth Circuit is not.]   Though the resolution supported by both houses of Congress (three representatives dissenting) and the President might imply otherwise, the Pledge itself is not at risk, and the Pledge can still be privately spoken, even with the troublesome words included.  Also, it is quite likely the opinion (not yet in force) will be overturned by the en banc (full) 9th Circuit, if not the US Supreme Court. [After it was not overturned, the Supreme Court accepted review. Congress also reaffirmed the law itself. Justice Scalia commented on the issue before argument and recused himself. Materials can be found here (March 24)]   Since “A page of history is worth a pound of logic,” a look at the history behind the addition of the words “under God” is helpful, well as some background materials on the decision and the reactions that arose from it.  And since our national motto (“In God We Trust”) is quite relevant, if somewhat a separate issue, my thoughts on that issue also might be useful.  Finally, the decision has raised various emotions on the Pledge itself, and Teachers and the Flag is one essay that I found particularly interesting, though there were various others, including one by Tobias Wolff well worth reading as well.

            "The recitation that ours is a nation 'under God' is not a mere acknowledgment that many Americans believe in a deity. Nor is it merely descriptive of the undeniable historical significance of religion in the founding of the Republic. Rather, the phrase 'one nation under God' in the context of the Pledge is normative. To recite the Pledge is not to describe the United States; instead, it is to swear allegiance to the values for which the flag stands: unity, indivisibility, liberty, justice, and -- since 1954 -- monotheism. The text of the official Pledge, codified in federal law, impermissibly takes a position with respect to the purely religious question of the existence and identity of God. A profession that we are a nation 'under God' is identical, for Establishment Clause purposes, to a profession that we are a nation 'under Jesus,' a nation 'under Vishnu,' a nation 'under Zeus,' or a nation 'under no god,' because none of these professions can be neutral with respect to religion."

    This is the core message of the opinion.  The Pledge was originally written in 1892 as a way to promote unity among the millions of new immigrants and their children, a way to have a short and fairly easy to understand creed to remind us what unites us as a people. Now, it just might be that currently the only two concepts most schoolchildren understand when they say the Pledge is “flag” and “God,” (or maybe even just "God") and repeating it by rote daily is actually counterproductive.  Nonetheless, suffice to say, that until the 1950s, the Pledge promoted various values, and the fact we were a nation “under God” was not one of them. Somehow, we still survived two world wars, a depression, various scandals, and godless socialism and communism.  The addition of “under God” by federal law (“Congress shall make no law …”) changed this.  Monotheism was now part of our national creed; monotheism was something for children to be recite daily under the direction of employees of the state.  And, yes, they did not have to do so, but the indirect pressure is evident. If you don’t believe me, read “Teachers and the Flag,” or tell your child not to say the pledge.  Finally, though it might surprise some people, there are quite a few people out there who either do not feel it is proper to say “under God” in such a public way or do not believe in such a concept … a religious concept at that.  National statements on disputed religious beliefs as well as instructing schoolchildren on how to express them appears to me to be a rather clear “establishment [official act] of religion [monotheism].”[1]

            Many feel the US Supreme Court has made a mess of interpreting the words: “Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof” (held to apply to the states under the Fourteenth Amendment).  The rule that public schools should not start the day with teach led prayers is still controversial in some areas, and enforcement of forty year old precedents on the issue are still enforced in breach in certain areas. Nonetheless, it is generally accepted by now that teacher led prayer is a troubling practice, including apparently somewhat vaguely worded ones like “We thank God for providing our blessings and liberties, and trust in Him to guide us in all that we do.”  Of course, this only puts in a slightly different form our national motto (“In God We Trust”), references in the Declaration of Independence (which in part notes that our rights ultimately come from God, and honors the eye of providence), and the use of “Under God” in our Pledge of Allegiance.  It is true that those who want prayer to return to public schools feel their absence suggests a push for an atheistic (as compared to a secular … the alternative of course is a religious one that puts in place religious laws) state, but most who oppose the Pledge ruling are not in this camp.  No, they somehow feel that a daily pledge that honors God is somehow different than the prayer I suggested.  Perhaps, the word “prayer” is the problem … maybe, it’s all right to promote a religious belief by state action in other ways?

            "[L]egal world abstractions and ruminations aside, when all is said and done, the danger that 'under God' in our Pledge of Allegiance will tend to bring about a theocracy or suppress somebody's beliefs is so minuscule as to be de minimis. The danger that phrase presents to our First Amendment freedoms is picayune at most ... upon Newdow's theory of our Constitution, accepted by my colleagues today, we will soon find ourselves prohibited from using our album of patriotic songs in many public settings. 'God Bless America' and 'America The Beautiful' will be gone for sure, and while use of the first and second stanzas of the 'Star Spangled Banner' will still be permissible, we will be precluded from straying into the third. And currency beware! Judges can accept those results if they limit themselves to elements and tests, while failing to look at the good sense and principles that animated those tests in the first place."

            Thus says the dissenting judge in this case, and many opponents of the opinion share it.  The controversy that arose after the ruling was handed down, including it being on the front page of Newsweek, suggests the whole issue is not so “de minimis” or “picayune” at all. Not only the legislative history of the addition of the term but current reaction suggests that the words surely do have a meaning, and an important one at that.  We might survive, even those who are nonbelievers and must bear having their children be looked down upon when they do not say the words (or say them and not mean them), but something real is being done here.  Do we tell Jews to just grin and bear it as the majority honors Jesus, since they don’t have to say it and can leave the room as it is being said?  So, why do those who do not agree with the religious concept of God or the use it is placed here have to deal with the thinly disguised disgust expressed here?

 It is just patently untrue that “under God” has no religious meaning in intent or execution … and a consistent “good sense” and respect for basic “principles” of the First Amendment would respect that.  Or at least notice the difference between leading children daily in a short pledge with a consistent reaffirmance and honoring of a deity some do not believe any more (or less) than some believe or disbelieve in the divinity of Christ and occasion use of anthems that include a similar reference in one of their many stanza.  After all, it is a bit too much to ask people to realize that perhaps even those references are just a bit troubling given that true Americans can honor flags or think America is beautiful without religion entering the picture. In fact, the National Flag Foundation tribute to the flag somehow manages not to mention God at all.  This actually is not that surprising, since the only reference found of God in the Constitution (the Declaration of Independence not having the force of law, or slavery would have been gone long before 1865) is in the date at the end of it, and the only mention of religion in the main document is a prohibition of religious tests for office.

So why the concern? Yes, the dissent is right that it is clear that various justices and opinions of the Court would probably find nothing wrong with the practice at issue, since consistency in hard cases is something not always as present as one might hope.  Thus, two federal judges have a bit of shall we say guts to call the Court to task for allowing a practice that violates the spirit of its precedents as well as the First Amendment itself.  Nonetheless, the fact it took a couple judges to say something does not make it any less true, even if it is not practicable at the current time to put their ruling in place given current opinion. The truth is that the majority does not care that the practice violates religious freedom because only a small unpopular group is harmed … this is nothing new.  If agnostics, atheists and others (including those who believe God with all their soul, but do not want God honored thusly) want the rest of society to consistently honor the First Amendment in the words of the dissent “at the price of removing a vestige of the awe we all must feel at the immenseness of the universe and our own small place within it, as well as the wonder we must feel at the good fortune of our country,” it is too much for them to ask.  Yes, this “awe” need not be expressed by a disputed religious concept such as a monotheistic God, but there is no need to worry about this.  After all, the majority shares the belief, so it therefore is totally acceptable. The alternative view, to quote the Senate Majority Leader, is “just nuts.”

 

 

 





[1]  As discussed on a website that discusses this issue: “ Some find God within their own hearts. Others believe they are part of--not under--a sacred universe. Still others do not believe in God at all. Yet every day the religious beliefs of these patriotic Americans are violated by our government in schools, in public meetings...anywhere the Pledge Of Allegiance is led and spoken.”