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 states Supreme Judicial Court, Doe v. Acton-Boxborough Regional School District, is different because lawyers for the plaintiffs, an anonymous atheist couple, wont be arguing about federal law but rather that the compulsory recitation of the pledge violates the states 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 states 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