The Hindu : International : Court rejects change in U.S. oath

Online edition of India's National Newspaper
Wednesday, Jun 16, 2004

International

International

Court rejects change in U.S. oath

By Sridhar Krishnaswami

Washington: The United States Supreme Court has ruled that the Pledge of Allegiance that affirms loyalty to one nation "Under God" will stand rejecting the contention that this could be a violation of the separation of Church and State. The nation's apex court overturned a lower court ruling on the subject but the decision was reached on a technicality rather than in any grand legal discourse of what could and could not be said by children in public schools. The court ruled that the man who brought the case on behalf on his ten year old daughter could not legally represent her. Last year the Ninth U.S. Circuit Court of Appeals in San Fransisco held that the language of the First Amendment and precedents set by the Supreme Court made it clear that tax-supported schools cannot go about the Pledge of Allegiance in the present form setting off an uproar. Five Justices of the Supreme Court went on technical reasons and one, Justice Antonin Scalia, recused himself from the judgement after making remarks off the bench that appeared to give the impression that he felt that the Pledge was constitutional. But three other Justices including the Chief Justice who went along with the other five seemed critical of making the decision on technical grounds. Chief Justice Rehnquist noted that the phrase "One Nation Under God" is more about ceremony and history than about religion and likened it to the motto in the currency "In God We Trust" or the opening of each session of the high court with the words "God save this honourable Court". Justice Rehnquist noted: "All these events strongly suggest that our national culture allows public recognition of our nation's religious history and character".

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