{"id":336,"date":"2011-06-14T10:35:12","date_gmt":"2011-06-14T14:35:12","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=336"},"modified":"2011-06-21T17:19:25","modified_gmt":"2011-06-21T21:19:25","slug":"pledge-victory-stands-supreme-court-rejects-nh-case","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/06\/pledge-victory-stands-supreme-court-rejects-nh-case.html","title":{"rendered":"Pledge Victory Stands: Supreme Court Rejects NH Case"},"content":{"rendered":"

<\/a><\/p>\n

\"\"<\/a>I’m delighted to report that the Supreme Court of the United States declined<\/a> to take a case out of New Hampshire, leaving intact a decision by a federal appeals court that upholds the constitutionality of a New Hampshire law requiring schools to set aside time daily for students to voluntarily recite the Pledge of Allegiance<\/a>.<\/p>\n

This means the victory at the federal appeals court level now stands.<\/p>\n

In its decision issued in November 2010, a three-judge panel of the U.S. Court\u00a0 of Appeals for the First Circuit reached this conclusion:\u00a0 “We hold that the New Hampshire School Patriot Act and the voluntary, teacher-led recitation of the Pledge by the state’s public school students do not violate the Constitution. We affirm the order and judgment of the district court dismissing FFRF’s complaint.”<\/p>\n

At issue was a New Hampshire statute, the New Hampshire School Patriot Act, that permitted students to voluntarily recite the Pledge – including the phrase “one nation, under God” – in school.\u00a0 A federal district court upheld the constitutionality of the state law and the FFRF appealed to the First Circuit.<\/p>\n

In its decision, the appeals court also determined: “It takes more than the presence of words with religious content to have the effect of advancing religion, let alone to do so as a primary effect.”\u00a0\u00a0 Further, the court asserted:\u00a0 “The New Hampshire School Patriot Act’s primary effect is not the advancement of religion, but the advancement of patriotism through a pledge to the flag as a symbol of the nation.”<\/p>\n

The appeals court also rejected claims that the recitation of the Pledge is an endorsement of religions:\u00a0\u00a0 “The Pledge’s affirmation that ours is a ‘nation, under God’ is not a mere reference to the fact that many Americans believe in a deity, nor to the undeniable historical significance of religion in the founding of our nation. As the Supreme Court recognized in West Virginia State Board of Education v. Barnette<\/em>, 319 U.S. 624 (1943), to recite the Pledge is to ‘declare a belief’ and ‘affirm[] . . . an attitude of mind.’ Id. at 631, 633. In reciting the Pledge, a student affirms a belief in its description of the nation.”<\/p>\n

The complete opinion is posted here<\/a>.<\/p>\n

We were deeply involved in this case.\u00a0 We filed an amicus brief with the appeals court urging the 1st Circuit to uphold the constitutionality of the law.<\/p>\n

We filed our amicus brief on behalf of 42 members of the 111th Congress – including two U.S. Senators and 40 members of the U.S. House of Representatives.\u00a0 We also represented more than 80,000 Americans who signed on to the ACLJ’s Committee to Protect “Under God” – including many parents of school-age children who attend public schools and desire to recite the Pledge of Allegiance in its entirety.<\/p>\n

You can read the ACLJ amicus brief here<\/a>.<\/p>\n

This decision by the appeals court underscores what most Americans understand – that the recitation of the Pledge of Allegiance embraces patriotism, not religion.<\/p>\n

The decision not only upholds the constitutionality of the Pledge, it rejects another fruitless attempt by the Freedom From Religion Foundation (FFRF) to twist and distort the Constitution with its flawed reasoning.\u00a0<\/p>\n

These challenges will no doubt continue – fueled by organizations like FFRF and others.\u00a0 And, rest assured, we will continue to meet these challenges in court – filing amicus briefs and standing up for our nation’s history and heritage.<\/p>\n","protected":false},"excerpt":{"rendered":"

I’m delighted to report that the Supreme Court of the United States declined to take a case out of New Hampshire, leaving intact a decision by a federal appeals court that upholds the constitutionality of a New Hampshire law requiring schools to set aside time daily for students to voluntarily recite the Pledge of Allegiance.…<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,4,17,8],"tags":[107,743,106,747,108,765],"class_list":["post-336","post","type-post","status-publish","format-standard","hentry","category-faith","category-justice","category-pledge-of-allegiance","category-supreme-court","tag-1st-circuit-court-of-appeals","tag-aclj","tag-new-hampshire","tag-pledge-of-allegiance","tag-public-schools","tag-u-s-constitution"],"yoast_head":"\nPledge Victory Stands: Supreme Court Rejects NH Case - Faith & Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/06\/pledge-victory-stands-supreme-court-rejects-nh-case.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Pledge Victory Stands: Supreme Court Rejects NH Case - 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He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/336","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=336"}],"version-history":[{"count":9,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/336\/revisions"}],"predecessor-version":[{"id":385,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/336\/revisions\/385"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=336"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=336"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=336"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}