A New Hampshire law requiring schools to open each day with the opportunity to recite the Pledge of Allegiance does not violate the separation of church and state, according to a ruling today by the 1st Circuit Court of Appeals. Plaintiffs argued that, because the Pledge includes the phrase "under God", requiring it in schools violate the Establishment Clause of the First Amendment, but the court rejected that contention – as several recent courts have in such case regarding the Pledge. Associated Press reports:
In its ruling, the 1st Circuit agreed with a U.S. District judge in New Hampshire, who ruled in October 2009 that the law is constitutional.
"In reciting the Pledge, students promise fidelity to our flag and our nation, not to any particular God, faith, or church," Chief Judge Sandra Lynch wrote for the court. "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."
You can read the opinion here.
