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July 2002, Week 1

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From:
Michael Berkowitz <[log in to unmask]>
Reply To:
Michael Berkowitz <[log in to unmask]>
Date:
Mon, 1 Jul 2002 16:54:11 -0700
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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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