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McHugh: Pledge of Allegiance is Consistent with Our Constitution

Date: Sept. 29, 2005
Location: Washington, DC
Issues: Judicial Branch


McHUGH: PLEDGE OF ALLEGIANCE IS CONSISTENT WITH OUR CONSTITUTION
September 29, 2005

WASHINGTON, D.C. - The U.S. House of Representatives has passed H.Con.Res. 245, expressing the sense of Congress that the Supreme Court should speedily find that use of the Pledge of Allegiance in schools is consistent with the Constitution of the United States. Rep. John M. McHugh (R-NY) is a co-sponsor of the resolution and longtime supporter of Pledge protection efforts in Congress.

"That some school children have been banned from reciting the Pledge of Allegiance each morning is simply an unthinkable attack against American traditions and practices," McHugh said.

Last year, the Supreme Court avoided this issue by refusing to hear the government's appeal of the decision in Newdow v. U.S. Congress based on a technicality. Today's House action responds to a finding earlier this month by a judge in the Eastern District of California that prohibits school children in three California school districts from reciting the Pledge of Allegiance. In August, just prior to this most recent ruling, Virginia's 4th Circuit Court of Appeals held that leading of the recitation of the pledge did not violate the First Amendment establishment clause.

"With the two circuits divided on this issue, it is imperative that the Supreme Court take up this issue at its next opportunity - not shrink from it," McHugh added. "Lower courts, as well as the 4th Circuit, have found that the First Amendment was never intended to strip all references to God from government and public life. It's time for the Supreme Court to do its job and decide this question once and for all."

McHugh is also a co-sponsor of two other bills in the House of Representatives related to the Pledge of Allegiance. H.Res. 453 is similar legislation that expresses the sense of the House with respect to several court decisions relating to the Pledge of Allegiance. H.R. 2389, the Pledge Protection Act, would prohibit courts from ruling on the Pledge of Allegiance, whether to decide any question pertaining to its interpretation or its validity under the Constitution.

http://mchugh.house.gov/pr2005/092905_pledge.html

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