Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

rug

(82,333 posts)
Sat Aug 31, 2013, 07:15 PM Aug 2013

Atheist Pledge Of Allegiance Case Goes To Massachusetts' Supreme Court

Religion News Service | By Kimberly Winston Posted: 08/31/2013 8:01 am EDT

(RNS) Massachusetts’ highest court on Wednesday (Sept. 4) will consider whether the daily recitation of the Pledge of Allegiance is a violation of students’ rights.

Since the addition of the phrase “under God” in 1954, the pledge has been challenged repeatedly as a violation of the separation of church and state. In 2004, one case reached the Supreme Court, but ultimately failed, as have all previous challenges.

But the current case before the state’s Supreme Judicial Court, Doe v. Acton-Boxborough Regional School District, is different because lawyers for the plaintiffs, an anonymous atheist couple, won’t be arguing about federal law but rather that the compulsory recitation of the pledge violates the state’s equal rights laws. They argue that the daily recitation of the pledge is a violation of their guarantee of equal protection under those laws.

This change of tack in pledge challenges is modeled on a successful precedent laid down in the same court on gay marriage. In 2003, Massachusetts’ Supreme Judicial Court ruled 4-3 in favor of a same-sex couple seeking the right to marry under the state’s equal rights laws. Their win led to similar successful challenges in other state courts — something that could happen here if judges rule for the plaintiffs.

http://www.huffingtonpost.com/2013/08/31/pledge-of-allegiance-massachusetts-supreme-court_n_3846093.html?utm_hp_ref=religion

2 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Atheist Pledge Of Allegiance Case Goes To Massachusetts' Supreme Court (Original Post) rug Aug 2013 OP
I hope the Atheists win Politicalboi Aug 2013 #1
It's interesting they're making a 14th Amendment claim rather than the 1st Amendment. rug Aug 2013 #2
 

rug

(82,333 posts)
2. It's interesting they're making a 14th Amendment claim rather than the 1st Amendment.
Sat Aug 31, 2013, 07:29 PM
Aug 2013

Equal protection under the law rather than the establishment clause.

Latest Discussions»Issue Forums»Religion»Atheist Pledge Of Allegia...