Venue: |
9th Cir
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Facts: |
CA school requires the pledge of allegiance, including "under God." |
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Posture: |
Suit in district court is dismissed. Appeal. |
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Issue: |
Does this requirement violate the Establishment Clause? |
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Holding: |
Yes. |
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Rule: |
"Under God" is an endorsement of religion, and this is coercive. |
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Reasoning: |
The whole purpose of adding that phrase was to advance religion.
At the very least, monotheism. |
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Dicta: |
The danger that this little phrase will bring about a theocracy is
de minimis. We're letting a fanatical minority sap the joy of
the majority. |
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