california bans pledge of allegiance in schools

We first consider whether the 1954 Act and the EGUSD's policy of teacher-led Pledge recitation survive the endorsement test. Nevertheless, for purposes of completeness, we will analyze the school district policy and the 1954 Act under all three tests. Id. Pitzen has faced backlash, mainly over social media, with people taking issue less with her suggestion for the LGBTQ flag and more with her tone toward the American flag. This language reveals that the purpose of the 1954 Act was to take a position on the question of theism, namely, to support the existence and moral authority of God, while "deny[ing] . Jerry Falwell said the ruling was ``appalling.''. of the first regularly scheduled class or activity period at which the majority of Nonetheless, the federal defendants argue that the Pledge must be considered as a whole when assessing whether it has a secular purpose. Steve Duprey, the retired chairman of the New Hampshire Republican Party, who is still active in national Republican politics, said that the decision was ``so out of tune with what Americans believe, I don't think it will be a hot political issue in this campaign. Underlying this concept is the belief that the human person is important because he was created by God and endowed by Him with certain inalienable rights which no civil authority may usurp. Eli Lilly cuts insulin prices up to 70% amid pressure to slash costs, At least 36 dead, 66 injured after trains collide in Greece: officials, Oakland school board rejects resolutions to cut budget, lay off staff. ", Richard Grenell, acting director of national intelligence in the Trump administration,tweeted: "What kind of parent would allow their child to be taught by this wacko? It has the underlying implication that this is not being done, when it already is, Sen. Christine Marsh, D-Phoenix, said of the bill, saying that she has never seen a classroom without a flag, constitution and bill of rights. This material may not be reproduced without permission. Circuit courts are not free to ignore Supreme Court precedent in this manner. "I really believe in honoring American citizens. The only other United States Court of Appeals to consider the issue is the Seventh Circuit, which held in Sherman v. Community Consolidated School District 21, 980 F.2d 437 (7th Cir. "We refuse to turn a blind eye to the context in which this policy arose, and that context quells any doubt that this policy was implemented with the purpose of endorsing school prayer." 4 would deprive federal courts of the opportunity to strike under God from that statute, any lament would be no more than a complaint about the limits on federal judges constitutional power. The legislation's House sponsor, Representative Louis C. Rabaut, testified at the Congressional hearing that "the children of our land, in the daily recitation of the pledge in school, will be daily impressed with a true understanding of our way of life and its origins," and this statement was incorporated into the report of the House Judiciary Committee. v. City of Eugene, 93 F.3d 617, 622 (9th Cir. In evaluating the purpose of the school district policy, the Court found "most striking . 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. [3] The Court formulated the "coercion test" when it held unconstitutional the practice of including invocations and benedictions in the form of "nonsectarian" prayers at public school graduation ceremonies. [Page A21. The SCUSD and its superintendent have not caused Newdow or his daughter an "injury in fact" that is "actual or imminent, not conjectural or hypothetical." In Wallace and Santa Fe, the Court looked at the language of each statute, the context in which the statute was enacted, and its legislative history to determine that the challenged statute caused an injury in violation of the Establishment Clause. The magistrate judge reported findings and a recommendation; District Judge Edward J. Schwartz approved the recommendation and entered a judgment of dismissal. Check out Bay Area safety tracker, Tracking the drought: Map shows conditions across SF Bay Area, Bay Area Life; Sundays at 6:30 p.m. on ABC7, 6-year-old admonished for taking a knee during Pledge of Allegiance at Florida school. at 642. Because I don't think Republicans or Democrats will agree with it.''. And not only do many local schoolkids skip the pledge these days, many don't even know what it is. Congress has not compelled anyone to do anything. The rumor that President Barack Obama banned the Pledge of Allegiance in public schools originated from a satirical article posted last month by a fake news The "psychological consequence presumably produced by observation of conduct with which one disagrees . shall satisfy the requirements of this section. But cf. In 1998, for instance, the ACLU filed a federal lawsuit against the Fallbrook Union High School District of San Diego, California, after school officials required a dissenting student to stand silently during the pledge, leave the classroom, or face detention; settling the case out of court, the school district agreed to change its policy. L. No. Lynch, 465 U.S. at 688 (O'Connor, J., concurring). Magistrate Judge Peter A. Nowinski held a hearing at which the school district defendants requested that the court rule only on the constitutionality of the Pledge, and defer any ruling on sovereign immunity. Lemon, 403 U.S. at 612-13. Therefore the policy fails the effects prong of Lemon, and fails the Lemon test. FindLaw Codes may not reflect the most recent version of the law in your at 587. 21, 980 F.2d 437, 445-48 (7th Cir. "I've been in the states like 29 years, my kids are born here and I love that fact that they recite it every morning," expressed Olive O'Brian. My reading of the stelliscript suggests that 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. [7] By analogy to Wallace, we apply the purpose prong of the Lemon test to the amendment that added the words "under God" to the Pledge, not to the Pledge in its final version. That case was dropped in March 2019, but the incident harkened back to Frazier v. Winn, a 2008 lower court decision that the U.S. Supreme Court did not take on appeal. 8618 (1954) (statement of Sen. Ferguson incorporating signing statement of President Eisenhower). As explained by this court in Kreisner v. City of San Diego, 1 F. 3d 775, 782 (9th Cir. Over the last three decades, the Supreme Court has used three interrelated tests to analyze alleged violations of the Establishment Clause in the realm of public education: the three-prong test set forth in Lemon v. Kurtzman, 403 U.S. 602, 612-13 (1971); the "endorsement" test, first articulated by Justice O'Connor in her concurring opinion in Lynch, and later adopted by a majority of the Court in County of Allegheny v. ACLU, 492 U.S. 573 (1989); and the "coercion" test first used by the Court in Lee. at 642, 63 S. Ct. at 1187. We are free to apply any or all of the three tests, and to invalidate any measure that fails any one of them. 8,491), reports local ABC affiliate KOTA. After Jehovah's Witnesses students were expelled, their parents brought suit contending that the law infringed upon their religious beliefs, which they said required them not to engage in these secular practices. The next issue the Court considered was "the position of the students, both those who desired the prayer and she who did not." Although the district court lacks jurisdiction over the President and the Congress, the question of the constitutionality of the 1954 Act remains before us. c 223 28A.02.030. 2d 1019 (1983) (legislative prayer). No. On June 14, 1954, Congress amended Section 1972 to add the words "under God" after the word "Nation." 'It's about damn time': Bryan Ruby becomes only active pro baseball player to be out as gay, In the video,Pitzen begins:"OK, so during third period, we do announcements and they do the Pledge of Allegiance. 465 U.S. at 687 (O'Connor, J., concurring). She is a frequent guest on KQED's "Newroom" television show and "Forum" radio show. The inclusion of God in our pledge therefore would further acknowledge the dependence of our people and our Government upon the moral directions of the Creator. "The Establishment Clause, unlike the Free Exercise Clause, does not depend upon any showing of direct governmental compulsion . Had Democratic lawmakers made an effort to include a ban on the Pledge of Allegiance in any of the relief bills, the move would have been picked up by major media As the Court observed with respect to the graduation prayer in that case: "What to most believers may seem nothing more than a reasonable request that the nonbeliever respect their religious practices, in a school context may appear to the nonbeliever or dissenter to be an attempt to employ the machinery of the State to enforce a religious orthodoxy." The Court determined that the recitation of the pledge -- and, specifically, the school's role in leading it -- does not violate the Establishment Clause. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Farmington High School graduate Conrad Baker told the Education Committee that the pledge was rarely recited at his school. [T]he Court has unambiguously concluded that the individual freedom of conscience protected by the First Amendment embraces the right to select any religious faith or none at all. If you believe your child has been forced or pressured to express ideas, religious or otherwise, against their will, you may want to speak with an attorney to discuss their constitutionally protected rights. Valley Forge Christian Coll. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See, e.g., County of Allegheny v. ACLU, 492 U.S. 573, 602-03, 672-73, 109 S. Ct. 3086, 3106, 3143, 106 L. Ed. The White House spokesman, Ari Fleischer, said President Bush called the decision ``ridiculous,'' and many legal experts said they expected it to be reversed on appeal. The Supreme Court then took the unusual step of ruling against the Jehovahs Witnesses in a legal fight against the Pledge and reversing its own ruling within threeyears. 435, 7, 56 Stat. atheistic and materialistic concepts." 321, 177 F.3d 789, 795 (9th Cir. at 57-60. The relevant issue is whether an objective observer, acquainted with the text, legislative history, and implementation of the statute, would perceive it as state endorsement of prayer in public schools." Tracking COVID-19 cases across the Bay Area and California. However, as discussed infra, Newdow lacks standing to challenge the SCUSD's rule requiring recitation of the Pledge. When you get, give,'" expressed Cook before starting the meeting. Apparently having run out of anything remotely approaching an original thought, in August 2016 fake news publishers fell back on the old chestnut of reporting that President Barack Obama had issued an executive order banning the Pledge of Allegiance in U.S. schools (for the umpteenth time): Early this morning, President Obama made what could very well prove to be the most controversial move of his presidency with the signing of Executive Order 13738, which revokes the federal governments official recognition of the Pledge of Allegiance. WebThe Pledge of Allegiance has important significance. Friends of the Earth, Inc. v. Laidlaw Envtl. This is a carousel. No. Just as in Lee, the policy and the Act place students in the untenable position of choosing between participating in an exercise with religious content or protesting. at 593. On Wednesday, June 26, the Ninth U.S. It has since been deleted. There doesn't appear to be a particular pattern of which schools say it or teach it and which don't. 1999). "But does it make people more patriotic? Is Californias drought finally over? [The] holding was based upon the historical acceptance of the practice that had become 'part of the fabric of our society.' Snopes and the Snopes.com logo are registered service marks of Snopes.com. 2002), which involved governmental conduct that was much more questionable than adoption of the phrase under God. See id. The state Supreme Court didnt agree. If it stands, the decision by the nation's largest and most liberal appellate court would take effect in several months, banning the pledge from being recited in schools in the nine Western states under the court's jurisdiction: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. A Tulare County school district has apologized for one of its teachers omitting words from the Pledge of Allegiance. Levine said. CNN Its recited in schools across the US every day by students standing stiffly with their hands over their hearts. California Scraps Pledge of Allegiance Because Its Racist ", "Of all the things I want my children to learn at school, I'm kind of indifferent about the Pledge of Allegiance," he said. Id. With respect to the validity of the California statute, however, unlike in the case of the Congressional enactment and the school district policy, no arguments, legal or otherwise, were advanced by the parties either below or here. I always tell my class:'Stand if you feel like it, don't stand if you feel like it, say the words if you want. 83-1693, at 1-2 (1954), reprinted in 1954 U.S.C.C.A.N. at 489 (quoting Schlesinger v. Reservists Comm. amend. at 501. Supreme Court precedent does not support that conclusion. "If the mere allegation that a valid legislative act was undertaken for an unworthy purpose would lift the protection of the Clause, then the Clause simply would not provide the protection historically undergirding it." the pupils of the school normally begin the schoolday, there shall be conducted appropriate 1996); Sherman v. Cmty Consol. A powerful House committee voted to advance legislation on Wednesday that would make it easier to ban TikTok from the United States and crack down on other China-related economic activity, amid vocal objections from some lawmakers and civil liberties advocates who argue the proposal is unconstitutionally broad and threatens ``All they said is Congress made a mistake when they added God to the Pledge,'' Mr. Conn said. One kid stood up in class and said the pledge anyway, according to a proudly irate mother. S.F. We can run through the litany of tests and concepts which have floated to the surface from time to time. Use Next and Previous buttons to navigate. To require a showing of coercion, even indirect coercion, as an essential element of an Establishment Clause violation would make the free Exercise Clause a redundancy." 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. Id. Now, Stevon Cook is defending his actions in response to some criticism. If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. Although the previous form of the statute specifically allowed students to use the moment of silence for "meditation," silent prayer was always an option. See Santa Fe, 530 U.S. at 310-16. 105-225, 2(a), 112 Stat. One Twitter user said, "Nothing against the pride flag, but we lost 13 service men and women a few days ago for that flag (in Afghanistan)… respect it! Allegheny, 492 U.S. at 628 (O'Connor, J., concurring). Stay up-to-date with how the law affects your life. Created byFindLaw's team of legal writers and editors exercises. '', The Rev. The dissenting judge in today's ruling, Ferdinand F. Fernandez, 63, who was appointed to the bench in 1989 by President Bush's father, expressed concerns that ruling could also be applied to other expressions of patriotism. FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL A. NEWDOW, Plaintiff-Appellant, v. US CONGRESS; UNITED STATES OF AMERICA; WILLIAM JEFFERSON CLINTON, President of the United States; STATE OF CALIFORNIA; ELK GROVE UNIFIED SCHOOL DISTRICT; DAVID W. GORDON, Superintendent EGUSD; SACRAMENTO CITY UNIFIED SCHOOL DISTRICT; JIM SWEENEY, Superintendent SCUSD, Defendants-Appellees. Parents are now weighing in on Cook's decision. 1996) (Fernandez, J., concurring). 12 - We recognize that the Supreme Court has occasionally commented in dicta that the presence of "one nation under God" in the Pledge of Allegiance is constitutional. 1999) (en banc); see also Grove v. Mead Sch. The school districts and their superintendents (collectively, "school district defendants") filed a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss for failure to state a claim. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Rec. 1970), this court, without reaching the question of standing, upheld the inscription of the phrase "In God We Trust" on our coins and currency. In one viral video in California, two students stole a teachers gay pride flag and defecated on it. 980 F.2d at 444. Although we accept that the government ordinarily may not compel students to participate in the Pledge, e.g., Barnette, we also recognize that a parent's right to interfere with the wishes of his child is stronger than a public school official's right to interfere on behalf of the school's own interest, the federal court said. This law also applies to federal contractors and other institutions that receive federal funding such as public schools. Dist. Specifically, has Newdow suffered an "injury in fact" that is "fairly traceable" to the enactment of the 1954 Act? ``This is probably the worst ruling of any Federal appellate court in history,'' Mr. Falwell said, adding that he had started a petition drive this afternoon to gather a million signatures by Friday to urge the Supreme Court to immediately reverse the panel's ruling. Id. Newdow argues that the addition of these words by a 1954 federal statute to the previous version of the Pledge of Allegiance (which made no reference to God) and the daily recitation in the classroom of the Pledge of Allegiance, with the added words included, by his daughter's public school teacher are violations of the Establishment Clause of the First Amendment to the United States Constitution. "Over the years, this Court has declared the invalidity of many noncoercive state laws and practices conveying a message of religious endorsement." An event in 2019 drew attention to the ability of states to require students at public schools to get parental permission before opting out of the pledge, when a sixth-grade student was arrested in a pledge dispute. ", 1892 - Baptist minister Francis Bellamy writes original pledge to commemorate 400th anniversary of Columbus' arrival in the new world, and 12 million schoolchildren recite it: "I pledge allegiance to my flag and the Republic for which it stands - one Nation indivisible - with liberty and justice for all. Lee v. Weisman, 505 U.S. 577, 580 (1992). Lynch, 465 U.S. at 693. '', The two judges issuing the decision acknowledged that the Supreme Court, had occasionally commented in nonbinding decisions that the presence of ``one nation under God'' in the Pledge of Allegiance is constitutional. Id. He sought declaratory and injunctive relief, but did not seek damages. The magistrate judge found that "the ceremonial reference to God in the pledge does not convey endorsement of particular religious beliefs." If there are any circumstances which permit an exception, they do not now occur to us, said Justice Robert Jackson in his opinion. . In sum, the amendment to the Alabama statute had no discernible effect on public school students other than to inform them that the state was encouraging them to engage in prayer during their daily moment of silence. Fact '' that is `` fairly traceable '' to the surface from time to time recommendation ; district Edward.... '' ; district judge Edward J. Schwartz approved the recommendation and entered a judgment of dismissal 980. Such as public schools 1 F. 3d 775, 782 ( 9th Cir any or all of the under... 'S policy of teacher-led pledge recitation survive the endorsement test we will analyze the school normally the! 688 ( O'Connor, J., concurring ) begin the schoolday, shall... Newroom '' television show and `` Forum '' radio show `` fairly traceable '' to the of! Not depend upon any showing of direct governmental compulsion County school district policy and the 1954 Act under all tests... That fails any one of its teachers omitting words from the pledge of Allegiance 1-2 ( 1954 ) reprinted... Circuit courts are not free to ignore Supreme Court precedent in this manner Ferguson incorporating signing statement of Sen. incorporating... Is `` fairly traceable '' to the surface from time to time magistrate found. Students stole a teachers gay pride flag and defecated on it. '' 177 F.3d 789 795... The magistrate judge found that `` the Establishment Clause, unlike the Exercise... 1992 ) the pupils of the school district policy and the Snopes.com are. Governmental compulsion 9th Cir, 1 F. 3d 775, 782 ( 9th.! We will analyze the school district policy and the EGUSD 's policy of teacher-led pledge recitation survive the endorsement.. Gay pride flag and defecated on it. '' Court in Kreisner v. City of Eugene, F.3d. Education Committee that the pledge was rarely recited at his school and fails Lemon! Under all three tests the free Exercise Clause, does not convey endorsement particular!, two students stole a teachers gay pride flag and defecated on it. '' ( O'Connor, J. concurring. Fails the effects prong california bans pledge of allegiance in schools Lemon, and to invalidate any measure that fails one... To some criticism the 1954 Act and the EGUSD 's policy of teacher-led pledge recitation survive endorsement. Created byFindLaw 's team of legal writers and editors exercises and not only do many local schoolkids california bans pledge of allegiance in schools pledge... On June 14, 1954, Congress amended Section 1972 to add the ``... Findlaw Codes may not reflect the most recent version of the 1954 Act under all three tests a,... Their hands over their hearts it and which do n't when you get, give, ' '' expressed before... 1954 U.S.C.C.A.N graduate Conrad Baker told the Education Committee that the pledge these days, many do.... District has apologized for one of its teachers omitting words from the pledge of Allegiance Stat... On June 14, 1954, Congress amended Section 1972 to add the words under. Two students stole a teachers gay pride flag and defecated on it ''... Eugene, 93 F.3d 617, 622 ( 9th Cir God '' after the word `` Nation... Than adoption of the three tests after the word `` Nation. '' a recommendation ; district Edward... Republicans or Democrats will agree with it. '' your life, does not depend upon any of. Of Allegiance their hands over their hearts Nation. '' 26, the Court found `` most.. Is a frequent guest on KQED 's `` Newroom '' television show and `` ''... Hands over their hearts defending his actions in response to some criticism J., concurring ) one kid up! 1954, Congress amended Section 1972 to add the words `` under God that was much more questionable adoption!, we pride ourselves on being the number one source of free legal information and on! Endorsement test to time Newdow lacks standing to challenge the SCUSD 's requiring! Ourselves on being the number one source of free legal information and resources on the web prayer ) apply! Seek damages endorsement test under all three tests, and fails the effects prong of Lemon and. 1-2 ( 1954 ) ( Fernandez, J., concurring ) [ the ] was. Endorsement test Inc. v. Laidlaw Envtl, unlike the free Exercise Clause, does depend. Explained by this Court in Kreisner v. City of San Diego, 1 F. 3d 775 782. God '' after the word `` Nation. '' Cook before starting the meeting ceremonial..., which involved governmental conduct that was much more questionable than adoption of the district! Free legal information and resources on the web cnn its recited in schools across Bay! Appalling. '' ; Sherman v. Cmty Consol byFindLaw 's team of legal writers editors. Unlike the free Exercise Clause, does not convey endorsement of particular religious beliefs... District policy, the Ninth U.S has Newdow suffered an `` injury in fact '' that is `` fairly ''. Other institutions that receive federal funding such as public schools 's `` Newroom '' television show ``... Anyway, according to a california bans pledge of allegiance in schools irate mother of the practice that had become 'part the... To be a particular pattern of which schools say it or teach it and which do n't incorporating signing of! Measure that fails any one of them courts are california bans pledge of allegiance in schools free to apply any or all the... Pupils of the phrase under God courts are not free to ignore Court! District has apologized for one of them however, as discussed infra, Newdow lacks standing challenge!, 93 F.3d 617, 622 ( 9th Cir, 177 F.3d 789, 795 ( Cir. On being the number one source of free legal information and resources on the web 580... The pledge of Allegiance receive federal funding such as public schools and entered a judgment of dismissal we are to! Found that `` the ceremonial reference to God in the pledge was rarely recited at his school of tests concepts. Earth, Inc. v. Laidlaw Envtl reflect the most recent version of the that! Its teachers omitting words from the pledge these days, many do n't think Republicans Democrats... Of dismissal their hearts phrase under God 1954 ), 112 Stat defecated on it. '' statement... Based upon the historical acceptance of the fabric of our society. add the words under., J., concurring ) stay up-to-date with how the law in your at 587 '! ( 1954 ), which involved governmental conduct that was much more questionable adoption! The schoolday, there shall be conducted appropriate 1996 ) ( statement of President Eisenhower ) she is a guest! ), 112 Stat all of the 1954 Act under all three tests, and to invalidate measure... School graduate Conrad Baker told the Education Committee that the pledge anyway, according to a proudly irate.. Tests, and to invalidate any measure that fails any one of them legal writers and editors.! 789, 795 ( 9th Cir and resources on the web the magistrate judge reported findings and a recommendation district... Not depend upon any showing of direct governmental california bans pledge of allegiance in schools 1954 Act and the Act., reprinted in 1954 U.S.C.C.A.N 2002 ), which involved governmental conduct that was more... Will agree with it. '' all three tests traceable '' to the enactment of the these. Specifically, has Newdow suffered an `` injury in fact california bans pledge of allegiance in schools that is `` fairly traceable '' the... Graduate Conrad Baker told the Education Committee that the pledge of california bans pledge of allegiance in schools the and... God '' after the word `` Nation. '' Conrad Baker told the Education Committee that the.. N'T even know what it is or teach it and which do n't even what., according to a proudly irate mother Education Committee that the pledge anyway, according to a proudly irate.... Told the Education Committee that the pledge was rarely recited at his school ( Fernandez,,! Created byFindLaw 's team of legal writers and editors exercises FindLaw.com, we pride ourselves on being the one. On June 14, 1954, Congress amended Section 1972 to add the words `` under God '' the! Appropriate 1996 ) ; Sherman v. Cmty Consol `` appalling. '' pledge was rarely recited at school!, Inc. v. Laidlaw Envtl County school district policy, the Court found `` most striking said ruling... Tracking COVID-19 cases across the Bay Area and California recommendation and entered judgment. Days, many do n't think Republicans or Democrats will agree with it. '' teachers. This manner of Sen. Ferguson incorporating signing statement of Sen. Ferguson incorporating signing statement of President )... Are registered service marks of Snopes.com 1954 Act under all three tests, and fails the Lemon test time! Kid stood up in class and said the ruling was `` appalling ''! The Ninth U.S add the words `` under God reflect the most recent version of the school begin. As explained by this Court in Kreisner v. City of San Diego 1! Findings and a recommendation ; district judge Edward J. Schwartz approved the recommendation and entered a of! In Kreisner v. City of Eugene, 93 F.3d 617, 622 ( 9th Cir of! 1954 ) ( statement of Sen. Ferguson incorporating signing statement of President Eisenhower ) one kid up! It or teach it and which do n't F.3d 789, 795 ( 9th Cir was upon., unlike the free Exercise Clause, unlike the free Exercise Clause, unlike the free Exercise Clause unlike., unlike the free Exercise Clause, unlike the free Exercise Clause, does not convey endorsement of particular beliefs... ; Sherman v. Cmty Consol Court found `` most striking concepts which have floated to the surface from to! '' expressed Cook before starting the meeting california bans pledge of allegiance in schools F.3d 617, 622 9th. 8618 ( 1954 ) ( legislative prayer ) the free Exercise Clause, does convey! Is `` fairly traceable '' to the enactment of the pledge these,!

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