I say, proudly, no to “Under God.”
To properly cover the issue, the history of the Pledge of Allegiance must first be examined. Then, a discussion of the history of the Establishment Clause (the clause in the Bill of Rights which prohibits Congress from making any law respecting an establishment of religion or prohibiting an individual’s free exercise of religion) and the court’s interpretation thereof. Lastly, the relationship of the Pledge of Allegiance and the Establishment Clause will provide a clear picture of whether this phrase “under God” is constitutional or not.
Perhaps a surprise to many, the original Pledge of Allegiance did not include an affirmation to God. It was written in 1892 by a Baptist minister and Christian Socialist named Francis Bellamy. It read, “I pledge allegiance to my Flag and the Republic for which it stands, one nation indivisible, with liberty and justice for all.” It was modified in part in 1924 to read “I pledge allegiance to the flag of the United States of America for which it stands, one nation indivisible, with liberty and justice for all.”
In this, one can see that there is no mention of “God” or any sort of non-secular affirmation. The Pledge of Allegiance, at least in 1924, is a political affirmation of the secular state–I believe and support in my country. As can be imagined, this change in 1924 was not the last change. The last change came in 1954, when the phrase “under God” was added. When the “1954 Act” was signed by President Eisenhower he said “From this day forward, the millions of our school children will daily proclaim in every city and town, every village and rural schoolhouse, the dedication of our Nation and our people to the Almighty.” This sentiment does not appear to be a secular political sentiment. Rather, it appears–no, it openly proclaims–to be a religious affirmation.
The Supreme Court has much to say on state sponsored religious affirmation. According to the 9th Circuit Court of Appeal’s ruling on Newdow V. U.S. Congress, the Supreme Court has established three different tests to the Establishment Clause. The first the is “Lemon” test, created in Lemon v. Kurtzman; the “endorsement” test, found in Lynch v. Donnelly; and the “coercion” test, first used in ISKCON v. Lee. Any of these tests may be used to determine the constitutionality of something in regards to the Establishment Clause.
The “Lemon” test checks for three things: (1) does the government conduct in question have a “secular purpose”, (2) does the government conduct in question have “a principal or primary effect that neither advances nor inhibits religion”, and (3) does the government conduct in question refrain from “[fostering] an excessive government entanglement with religion”.
The “endorsement” test is as follows:
The Establishment Clause prohibits government from making adherence to a religion relevant in any way to a person’s standing in the political community. Government can run afoul of that prohibition in two principal ways. One is excessive entanglement with religious institutions . . . . The second and more direct infringement is government endorsement or disapproval of religion. Endorsement sends a message to nonadherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community.
Lastly, the “coercion” test tells us that it is unconstitutional to include invocations and benedictions in the form of “nonsectarian” prayers at public graduation ceremonies. It relies on the principle that “at a minimum, the Constitution guarantees that government may not coerce anyone to support or participate in religion or it exercise, or otherwise to act in a way which establishes a state religion or religious faith, or tends to do so” (emphasis added).
Now that the background of the Pledge of Allegiance has been examined and a solid definition of what tests the Courts use to examine issues relating to the Establishment Clause, a review of the “under God” statement in the Pledge of Allegiance can be done.
As has already been explained, the phrase “under God” was not originally in the pledge and it was later added with an explicit understanding that is affirmed a belief in the “almighty God”. It appears straight forward that, at the least, the statement is not a secular statement and is clearly a religious one. In addition, the phrase lends itself to a monotheistic bent. While many have argued that it is merely a “place holder” for other religions to place their professed belief, those who profess this “place holder” belief have a hard argument to make. Not only does the history of the phrase show it is monotheistic, but to those of a non-Christian or a non-monotheistic background, this is simply not possible.
In his dissent on the Nordow v. U.S. Congress opinion, Justice O’Scannlain argues that by removing the phrase “under God”, it is favoring an atheistic platform. However, this is also not true. To favor an atheistic platform, one would need to affirm a belief that this is a nation �under no god�. Removing this affirmation does not support an atheistic platform�even if the movement is brought up, as it is in this case, by an atheist.
Speaking of affirmation, affirmation is exactly what is at the heart of this issue. Justice O’Scannlian and Justice Fernandez both argue in separate dissents to Nordow v. U.S. Congress rulings that by making the phrase “under God” in the Pledge of Allegiance, we must also refrain from reading historical documents and speeches, such as the Declaration of Independence, or the Gettysburg address, or even the Constitution. If the Pledge of Allegiance were just another document or speech, this argument is solid and true. However, this argument is a classic logical fallacy. The comparison is a bad comparison and riddled with an emotional appeal. To read from a document is different than to make a public affirmation to something, in this case the principles found in the Pledge of Allegiance. As Justice Goodwin says, “to recite the Pledge is not to describe the United State; instead it is to swear allegiance to the values for which the flag stands: unity, indivisibility, liberty, justice, and since 1954 monotheism”.
There has been a great uproar because of the issue of “under God” and the Pledge. This is mainly due to a high level of emotional attachment to the issue. For those who ascribe to “the Almighty” as the sovereign power of this nation, by removing “under God”, something seems to be taken away. And in some sense, this is true. But, what is a greater crime, to remove “under God” for some people, or to push “under God” onto the rest?
The Court answered this best in their ruling on Barnette, when they said “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein”.