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To: rustbucket
The First Amendment establishment clause has never been applied to the Pledge and for that reason I think Texas
is safe.
35 posted on 08/02/2007 10:59:29 AM PDT by BellStar ("We recognize no Sovereign but God and no King but Jesus.")
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To: BellStar

The Supreme Court has found procedural grounds to punt the issue and has never actually ruled on the merits.

http://www.cnn.com/2004/LAW/06/14/scotus.pledge/


37 posted on 08/02/2007 11:12:06 AM PDT by Locomotive Breath
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To: BellStar
The First Amendment establishment clause has never been applied to the Pledge and for that reason I think Texas is safe.

You are correct that it was not the establishment clause that had been used against requiring someone to say something against their religious principles. It was the free speech part of the First Amendment that prevents this.

I was surprised to learn that the Supreme Court first ruled 8-1 in 1940 that it was OK to force a child to pledge to the US flag. Then three years later the Court reversed itself. From a description of the later case (Source):

The Court held that the right of free speech guaranteed in the First Amendment to the Constitution means the government cannot force anyone to salute the American flag or recite the Pledge of Allegiance. Forcing people to have similar opinions was doomed to failure, and violated First Amendment principles: "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein."

86 posted on 08/03/2007 7:36:55 PM PDT by rustbucket
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