-Caveat Lector-

"I pledge Allegiance to the Flag of the United States of America and to
the REPUBLIC for which it stands,  one NAtion under God,indivisble,with
liberty and justice for all."
 visit my web site at
http://www.voicenet.com/~wbacon My ICQ# is 79071904
for a precise list of the powers of the Federal Government linkto:
http://www.voicenet.com/~wbacon/Enumerated.html

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Date: Wed, 26 Jun 2002 19:13:56 EDT
From: [EMAIL PROTECTED]
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Subject: SNET: Even The Sheeple Have To See Something Wrong,,,,,,,,,,,,

->  SNETNEWS  Mailing List

Source:
CBSNews.com
http://www.cbsnews.com/

Court Zaps Pledge Of Allegiance
http://www.cbsnews.com/stories/2002/06/26/national/printable513506.shtml

SAN FRANCISCO, June 26, 2002

A federal appeals court ruled Wednesday that the Pledge of Allegiance,
recited daily by generations of American students, is an unconstitutional
endorsement of religion and cannot be recited in schools.

The 9th Circuit Court of Appeals overturned a 1954 Act of Congress that
added "under God" to the pledge, saying the words violated the basic
constitutional tenet of separation of church and state.

"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," the court's three judge panel wrote.

"A profession that we are a nation 'under God' is identical ... to a
profession that we are a nation 'under Jesus,' a nation 'under Vishnu,' a
nation 'under Zeus,' or a nation 'under no god,"' it said.

The court's ruling, the first of its kind in the country, overturned a
lower court ruling that dismissed a case against the Pledge brought by the
father of a schoolgirl.

"This is another dispute likely to get the attention of the Supreme Court,"
said CBSNews.com Legal Analyst Andrew Cohen. "It's a decision out of the
9th Circuit Court of Appeals, a federal appellate court which is frequently
overturned by the more conservative Supreme Court."

The appeals court said that when President Dwight Eisenhower signed the
legislation inserting "under God" after the words "one nation," he wrote
that "millions of our schoolchildren will daily proclaim in every city and
town, every village and rural schoolhouse, the dedication of our nation and
our people to the Almighty."

The court noted that the U.S. Supreme Court has said students cannot hold
religious invocations at graduations and cannot be compelled to recite the
pledge. But when the pledge is recited in a classroom, a student who
objects is confronted with an "unacceptable choice between participating
and protesting," the appeals court said.

"Although students cannot be forced to participate in recitation of the
pledge, the school district is nonetheless conveying a message of state
endorsement of a religious belief when it requires public school teachers
to recite, and lead the recitation of, the current form of the pledge," the
court said.

The case was brought by Michael A. Newdow, a Sacramento atheist who
objected because his second-grade daughter was required to recite the
pledge at the Elk Grove school district. A federal judge dismissed his
lawsuit, but the 9th Circuit ordered that the case proceed to trial.

"I'm an American citizen. I don't like my rights infringed upon by my
government," he said in an interview. Newdow called the pledge a "religious
idea that certain people don't agree with."

The government had argued that the religious content of "one nation under
God" is minimal.

But the appeals court said that an atheist or a holder of certain
non-Judeo-Christian beliefs could see it as an attempt to "enforce a
'religious orthodoxy' of monotheism."


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