What a difference 8 years makes.

[essentialsaltes]

2002: 9th Circuit Court of Appeals rules 'under god' in the Pledge unconstitutional
(2004): The Supremes nullify it, saying Newdow doesn't have standing.
2010: 9th Circuit Court of Appeals rules the Pledge constitutional. (200 page decision)

'Under god' is "a reference to the historical and religious traditions of our country, not a personal affirmation through prayer or invocation that the speaker believes in God." And the Pledge is an optional patriotic exercise.

[Similarly, 'In God We Trust' on our coinage is "of a patriotic or ceremonial
character and bears no true resemblance to a governmental
sponsorship of a religious exercise." (only a 15 pager!)]

I'm not really torqued about this. Especially since the courts keep reminding us that these are merely ceremonial utterances that don't really mean anything other than 'Yay America!'

Comments

[essentialsaltes.livejournal.com]

From the dissent: "Had my views prevailed here, our decision would not preclude
daily recitation of the Pledge of Allegiance by public
schoolchildren. To the contrary, public schoolchildren would
be free to recite the Pledge as it stood for more than sixty
years, a patriotic Pledge with which many of us grew up —
a patriotic Pledge that is fully consistent with the Establishment
Clause. All that would be required would be the deletion
of the two words added by an amendment designed to promote
religion and to indoctrinate schoolchildren with a religious
belief. As has long been agreed in this nation, the
teaching of religious views is the function of the family and
the Church, not the State and the public school system."

[essentialsaltes.livejournal.com]

Holy shit, the dissent is twice as long as the opinion.

[essentialsaltes.livejournal.com]

Boy is Judge Reinhardt pissed off. And I can't help but be amused at his swipe at Palin:

For many Americans, the current version of the Pledge is
the only version they have ever known. Some individuals not
familiar with our political history may even be under the
impression that its language dates back to the founding fathers.4

4See, for example, the words of former Governor Sarah Palin of Alaska:
“If [the Pledge] was good enough for the founding fathers, its [sic] good
enough for me . . . .” Eagle Forum Alaska, 2006 Gubernatorial Candidate
Questionnaire, July 31, 2006,