Wednesday, August 10, 2005

RICHMOND — A federal appeals court yesterday upheld a Virginia law requiring public schools to lead a daily recitation of the Pledge of Allegiance.

Edward Myers of Sterling, a father of three, claimed the reference to “one nation under God” in the Pledge was an unconstitutional promotion of religion.

A three-judge panel of the 4th U.S. Circuit Court of Appeals disagreed, ruling that the Pledge is a patriotic exercise, not an affirmation of religion similar to a prayer.

“Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to assert that the words ‘under God’ contain no religious significance,” Judge Karen Williams wrote. “The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity.”

Mr. Myers and his attorney, David Remes, said they have not discussed whether to appeal to the U.S. Supreme Court.

“If I don’t move forward, what’s my other choice? Withdraw from public school?” Mr. Myers asked.

Mr. Remes said the appeals court failed to examine the effect of the Pledge on children in a school setting.

“The problem is that young schoolchildren are quite likely to view the Pledge as affirming the existence of God and national subordination to God,” Mr. Remes said.

Mr. Myers, a software engineer, belongs to the Anabaptist Mennonite faith, a Christian sect opposed to the mingling of church and state.

He challenged the Pledge law because of that belief and his fear that Loudoun County Public Schools was indoctrinating his sons with a “God and country” worldview.

“The combination of God and country approaches a civic religion that is in competition with my religion,” Mr. Myers said.

Mr. Myers also originally challenged Virginia’s requirement that public schools prominently display the national motto, “In God We Trust,” but that portion of the lawsuit was dropped on appeal.

Two of Mr. Myers’ sons, ages 11 and 9, attend public schools.

Their teachers know that he has instructed them to sit quietly while their classmates recite the Pledge, Mr. Myers said, but several times a year a substitute teacher or other school official compels them to participate.

“It’s a difficult problem for them because I want them to respect their teachers, but at the same time they have to respect my religious beliefs,” Mr. Myers said.

Virginia Attorney General Judith Williams Jagdmann said the appeals court’s decision reaffirms the General Assembly’s authority to direct the patriotic education of Virginia’s children.

Quoting from Judge Williams’ opinion, Mrs. Jagdmann said she was pleased that the court recognized that “acknowledgments of religion by government simply do not threaten to establish religion.”

Judge Williams wrote that history is replete with government acknowledgment of God, from the Declaration of Independence to the current practice of opening U.S. Supreme Court sessions with the phrase “God save the United States and this honorable court.”

Victoria Cobb, state spokeswoman for the conservative Family Foundation, praised the court for ruling that “simply recognizing that our nation was founded under the watchful eye of God does not violate the principles articulated by the Founding Fathers in the First Amendment.”

Three years ago, a federal appeals court in California sided with another father who had argued that requiring students to recite the Pledge of Allegiance in public schools was unconstitutional.

However, the U.S. Supreme Court dismissed that case last year, saying atheist Michael Newdow lacked standing to sue on behalf of his young daughter because he did not have custody of her.

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