Sacramento area atheist Michael Newdow has said he will appeal the latest 9th U.S. Circuit Court of Appeals ruling rejecting his argument that the words “under God” in the Pledge of Allegiance constitute an unconstitutional state endorsement of religion.
In this newest ruling, the 9th Circuit reversed its controversial 2002 decision that upheld Newdow’s side of the case.
Reasonable people can disagree on whether the words “under God” inserted into the Pledge of Allegiance in 1954 violate the separation of church and state as required under the Constitution or are “merely an endorsement of our form of government, not of religion of any particular sect,” as Justice Carlos Bea wrote in his majority ruling last week.
The Newdow suit follows a recent legal battle in San Diego County involving a math teacher who displayed patriotic banners in his classroom that some complained overemphasized God. What’s wrong with these cases, and dozens of other fracases like them across the country, is that they drain time, money and energy from public schools that can ill afford to waste their limited resources.
Committed atheists or religion haters regularly sue school districts because they want to excise all expressions of faith from public institutions.
On the other side, true believers file lawsuits for various reasons because they want to assert their rights to freely express their faith, or because they want a new platform to engage in a broader culture war. The end result is costly litigation that leaves school administrators paralyzed and overly cautious clamping down on all expression because it might offend a few.
The silent majority a broad swath of citizens in the muddled middle are sick of the whole debate. They want school boards and principals focused on education, not the lawsuits of zealots.
In the Newdow cases, the Elk Grove Unified School District initially and then Rio Linda School District were named defendants. Never mind that the schools gave Newdow the right to excuse his daughter from reciting the Pledge of Allegiance. That protection, embodied in state law, was not enough. Newdow wanted to impose his version of right on everyone. When he sued for damages, insurance carriers were forced to defend the districts. The case has dragged on now for nearly a decade, consuming hundreds of thousands of dollars and countless hours of court time.
Given Newdow’s pledge to appeal, it is likely to drag on for many more years and to what end?
In an effort to avoid expensive litigation, the most sophisticated school districts have developed elaborate protocols to protect themselves. Even before school starts, parents are given opportunities to review curriculum content, books, videos and other instructional materials. They also have the chance to excuse their children from activities that offend their values.
In instances where parents want more, to remove what they deem offensive, be it a book, movie or the words “under God” in the Pledge of Allegiance from the classroom for all students, the best local boards of education regularly set aside time, affording all sides a respectful public hearing.
Usually the dispute resolves itself but sometimes, as in the Newdow case, the firmly committed sue.
What should be easily resolved at the school level becomes a federal case, a chance for true believers to push their private agendas at the expense of beleaguered local public schools. In the end, no matter how the courts rule, no one really wins.