Criticism of The Pledge of Allegiance - General Patterns in Issues of Church and State

General Patterns in Issues of Church and State

The points-of-view, compromises, and personal interests in this matter are often viewed as examples of a wider debate over the role of religion in U.S. government.

Several dissenting Supreme Court Justices concluded that U.S. judges exceed their authority in decisions on issues of religion. Supreme Court Associate Justice Antonin Scalia wrote, and Chief Justice William Rehnquist agreed, that "the Court's position is the repressive one" when the Supreme Court approved of the lower courts declaring a law unconstitutional because it mandated that teaching of "evolution science" be balanced by teaching of "creation science." (Edwards v. Aguillard,). Justice Scalia has also said that courts have gone too far to keep religion out of public schools and other forums, and that the Pledge of Allegiance question would be better decided by lawmakers than judges.

The Supreme Court has banned some expressions of "God" from public schools. For example, in 1962 the Supreme Court banned the teacher-led recitation of the invocation, "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country." This objectionable "Almighty God" recitation was voluntary, of the same nature as the Pledge of Allegiance.

In the same 1962 case, the Court admitted that the "God save this honorable court" invocation uttered at the beginning of each Court session was a "prayer." However, the Court also ruled that "A religion is not established in the usual sense merely by letting those who choose to do so say the prayer that the public school teacher leads." Rather, the Court found fault with the teacher-led prayer because the State of New York had financed a religious exercise in requiring the teacher-led recitation of the prayer. Nevertheless, neither the parents nor the Court made the same assertion regarding the Pledge of Allegiance.