TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 4 P48

Gale Encyclopedia of American Law Volume 4 P48 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | FIRST AMENDMENT 459 establishment clause of the First Amendment. The . District Court for the Eastern District of California dismissed the complaint Newdow v. Congress of . 2000 WL 35505916 2000 . But the . Court of Appeals for the Ninth Circuit reversed Newdow v. . Congress 328 466 2003 . In finding an establishment clause violation the Ninth Circuit wrote that a declaration that the United States is a nation under God amounts to a profession of a religious belief namely a belief in monotheism. The person reciting the Pledge is not merely declaring a general belief in a deity the court said. Nor does the Pledge simply describe the undeniable historical significance of religion in the founding of the Republic. Rather the court said that the purpose of the Pledge is to swear allegiance to the values for which the flag stands unity indivisibility liberty justice and . monotheism. In this regard the court stressed that a profession that we are a nation under God is identical . to a profession that we are a nation under Jesus a nation under Vishnu a nation under Zeus or a nation under no god because none of these professions can be neutral with respect to religion. The school district s practice of requiring students to recite the Pledge then aims to inculcate in students a respect for the ideals set forth in the Pledge including the religious values it incorporates something that Newdow an atheist would find offensive the court indicated. Thus the court concluded that the school district violated the establishment clause by requiring its students to recite the Pledge. The Supreme Court disagreed overturning the Ninth Circuit s decision. The legal community and much of the nation was riveted by Newdow and anxiously awaited the Court s decision. In 1943 the Supreme Court had ruled that a school district could not compel a student to recite the Pledge when that student objected on religious grounds West Virginia Bd. of Ed. v. Barnette 319 . 624 63 S.

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