Paula said:
"There is no doubt that respondent is sincere in his atheism and rejection of a belief in God. But the mere fact that he disagrees with this part of the Pledge does not give him a veto power over the decision of the public schools that willing participants should pledge allegiance to the flag in the manner prescribed by Congress." (Chief Justice Rehnquist)
Rehnquist is off in la-la land here. Nowhere in Newdow's case does he claim the mere fact of his personal opposition to "under God" ought to be persuasive. This is basically Rehquist scolding Newdow for daring to stand up for the rights of the atheist minority in the first place.
He continues his abuse:
Rehnquist said:
To give the parent of such a child a sort of "heckler's veto" over a patriotic ceremony willingly participated in by other students, simply because the Pledge of Allegiance contains the descriptive phrase "under God," is an unwarranted extension of the Establishment Clause, an extension which would have the unfortunate effect of prohibiting a commendable patriotic observance.
"Shut up and sit down, Newdow. You won't be happy until no flag-draped 'Mercans can say the pledge, will you?"
O'Connor said:
"Michael Newdow's challenge to petitioner school district's policy is a well-intentioned one, but his distaste for the reference to "one Nation under God," however sincere, cannot be the yardstick of our Establishment Clause inquiry." (Justice O'Connor)
Again, this is not the meat of Newdow's case. Newdow does not offer his "distaste" as his primary rationale.
O'Connor characterizes the placement of "under God" rather oddly:
It is unsurprising that a Nation founded by religious refugees and dedicated to religious freedom should find references to divinity in its symbols, songs, mottoes, and oaths.
"Under God" is hardly 'found' in the Pledge as if its historical background was shrouded in mystery. We know exactly when it was added and for what reason. O'Connor claims later to understand these reasons:
It is true that some of the legislators who voted to add the phrase "under God" to the Pledge may have done so in an attempt to attach to it an overtly religious message. SeeH. R. Rep. No. 1693, 83d Cong., 2d Sess., pp. 2-3. But their intentions cannot, on their own, decide our inquiry. First of all, those legislators also had permissible secular objectives in mind--they meant, for example, to acknowledge the religious origins of our Nation's belief in the "individuality and the dignity of the human being." Id., at 1.
I'm not buying it, Sandra Day. Tell me about the phrase's
primary purpose. Look at the political climate of the time. Look at the recorded words of President Eisenhower. Don't make me do all the work here.
Second--and more critically--the
subsequent social and cultural history of the Pledge shows that its original secular character was not transformed by its amendment. In
School Dist. of Abington Township v.
Schempp, 374 U. S. 203 (1963), we explained that a government may initiate a practice "for the impermissible purpose of supporting religion" but nevertheless "retai[n] the la[w] forthe permissible purpose of furthering overwhelmingly secular ends."
Id., at 263-264 (citing
McGowan v.
Maryland, 366 U. S. 420 (1961)).
This is just false. Whatever the original "character" of the pledge, it's clear that the author Bellamy, in historical context, wanted people to acknowledge the virtues of a strong centralized government. His intent was that people should pledge allegiance to
the republic - a system of government - rather than any nation proper. To say that the subsequent additions to the pledge of "of the United States of America" and "under God" have not changed its "purpose" is to be ignorant of history.
"To be sure, such an affirmation is not a prayer. . . .Through the Pledge policy, the State has not created or maintained any religious establishment, and neither has it granted government authority to an existing religion. The Pledge policy does not expose anyone to the legal coercion associated with an established religion. Further, no other free-exercise rights are at issue. It follows that religious liberty rights are not in question and that the Pledge policy fully comports with the Constitution." (Clarence Thomas)
Thomas is a virtually brainless Scalia-sycophant. That is all I have to say about that.