Michael,

I did not have this piece of information.  Why then was a law suit required
by a parent who did not want his child reciting the Pledge?  Is it that
there is no law where you are, or is it that the school district in question
has a policy requiring it?

If there is no requirement that it be said, this action was unnecessary, but
I would suggest still valid.

Rs~

----- Original Message -----
From: "Michael Berkowitz" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, July 01, 2002 4:54 PM
Subject: Re: [HP3000-L] OT: church and state


> Russ Smith writes
>
>
> So, if the idea is that the government derives its "income" from persons
of
> all religious persuasions, and the constitution says that the government
> cannot make any law "respecting an establishment of religion, or
prohibiting
> the free exercise thereof"; then it is a requirement of government action
> that it neither promote religious belief nor suppress it.
>
> The point of concern raised by the declaration that President Eisenhower's
> action (when he signed legislation inserting "under God" after the words
> "one nation" in our pledge of allegiance) is unconstitutional, is one that
> cannot logically be counter argued.
>
> Point: Our constitution prohibits the enactment of a law which requires
the
> practice of religion.
>
> Point: The Pledge of Allegiance contains a religious message, along the
> monotheistic bent (judeo-christian, in this instance).
>
> If laws exist which require the Pledge to be spoken by all children
> attending publicly funded schools (which includes voucher funded private
> schools), then the Pledge CAN NOT contain a religious message, as this
would
> (at a minimum) represent the government promoting religion, or (at the
> extreme) the government requiring religious practice.
>
> There are three options: change the Pledge to remove the "offensive"
> language, OR, stop requiring that it be said, OR, change the constitution
to
> allow church and state to merge.
>
> Children may gather around the American flag first thing in the morning
for
> prayer.  That is a group of individuals exercising their religious
freedoms.
> There is no requirement that all children join in that prayer.
>
> There is a requirement that all children participate in the Pledge of
> Allegiance.  If it contains the declaration that we are a "nation under
> God", which COULD BE VIEWED as a prayer, then a change must be made in
order
> for this not to be unconstitutional.
> --------------------------------------------------------------
> Actually there is no requirement that children say the Pledge of
Allegiance.
> In the 1940's the Supreme Court threw out the mandatory recitation of the
> pledge due to the religious objections of some Jehovah's Witness
> petitioners.
>
> Mike Berkowitz
> Guess? Inc.
>
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