There seems to be no battles that the public and the media enjoy more than symbolic ones that have little or no effect on the actual lives of people. Among these are battles over the public display of the ten commandments, the burning of the flag, school prayer, and the inclusion of the words “under God” in the pledge of allegiance.
And that last issue is back in the spotlight now that US District Court Judge Lawrence Karlton in California has held that including the phrase in the pledge does indeed make the reciting of the pledge in schools unconstitutional. A similar judgment was arrived at in 2002 and that earlier decision was upheld by the San Francisco-based 9th Circuit Court of Appeals. Judge Karlton said that he was bound by that precedent. That earlier case went all the way to the US Supreme Court, which essentially punted by saying that the parent in that case (Michael Newdow who also acted as his own lawyer) did not have standing to file suit because he did not have legal custody of his daughter on whose behalf he was objecting to the phrase. Thus the Supreme Court avoided having to rule on the merits of the case.
[Read more…]