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March 24, 2004

Under God

The words "under God" in the pledge do not violate the First Amendment. I regard the use of the word "God" with no further specificity to be a philosophical statement.

Jehovah's Witnesses object not to the "under God" but to the concept of pledging allegiance itself. The word "justice" is pretty uncontroversial, but -- don't laugh -- there must be some parents who do not believe in "liberty" because they believe in Christian reconstructionism or Sharia. Just because some people do not believe in God does not make a generic use of the word an establishment of religion.

Posted by rickheller at March 24, 2004 08:35 AM
Comments

Well, that's up to the justices, right? If I had to bet, I think they're going to try very hard to find a way to say that it's ok. Its presence doesn't trouble me much, and I think the objections to it do veer a little close to being too easily offended. But I don't think the objections are meritless.

As far as my "if I were a justice" opinion goes: if I were a strict constructionist, I'd say that the intent of our founders in the establishment clause was only that the government should not pick some particular religion as the official name brand. And that's not what the pledge does. I'm NOT a strict constructionist, but I think it's a view that almost always merits some consideration.

But then again, if you are in the quite small minority of Americans that are atheist, agnostic, or polytheist, "God" is sort of a name brand.

It's not the mere presence of the word in the pledge that bothers me. What bothers me is that we as a nation are not really clear in legal terms about what the pledge of allegiance IS, and that's the problem. Do we expect Americans to pledge allegiance, legally, or not? And if the answer is no, do we still think it's OK to use the pledge as some sort of voluntary but still de facto litmus test of patriotism and fealty to God?

I'm ok with the word staying if the pledge exists primarily in an informal way, as something without any legal or official government force. But most often it's recited in a way that either demands or strongly suggests thall all should agree to its content. So if you got me nailed down, I'd have to say that, yeah, when the pledge is recited in a school, there is an element of government coercion to make all acknowledge God. And not all Americans do acknowledge God. For those people, there is something that can feel chilling about standing in a room full of people making this public acknowledgement.

For myself, I don't make much if any distinction between my religious and my philosophical beliefs, they are one tapestry. So what Rick says above makes some sense to me. But I would not go so far as to say that the statement that we are "one nation under God" is merely philosophical. I am certain that this is a religious statement for just about everyone.

Posted by: bk at March 24, 2004 09:27 AM

My major objection to the phrase "under God" in the Pledge, inserted there by Congress in the 1950's, is that it breaks up the flow and impact of the words of the Pledge. A linguistic stutter, if you will.

Posted by: Tully at March 24, 2004 11:13 AM
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