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ONE
NATION, UNDER LITIGATION
As our Nation celebrated its independence
and heritage this past July Fourth, we also
became united against a new attack on our
country and our Patriotism from our own
judiciary.
Most of us grew up reciting the Pledge of
Allegiance in school, the words rolling
as easily off our tongues as the ABC's and
1-2-3's, and Americans in general are appalled
that a federal appeals court would take
aim at our sacred oath. And why now, at
a time when our country is united in defiance
of terrorist aggression, and our fellow
countrymen pray to a higher authority for
strength and guidance?
Bikers didn't need 9-11 to catalyze our
Patriotism and love for our country. Many
motorcyclists are veterans, and most of
us are more civically involved and politically
aware than the average citizen. Despite
a reputation for rabble rousing and a rebellious
lifestyle, we routinely recite the Pledge
of Allegiance at our meetings, rallies and
gatherings, and we did so even before it
became politically correct.
Former President Clinton once said that
you can't love your country and hate your
government, but most bikers would respond
that we love our country enough to want
to fix it. Now, a San Francisco court gives
us yet another reason to question authority.
Politicians have been quick to wrap themselves
in the flag since the court's June 27 decision,
and both sides of the aisle and even President
Bush have decried the Ninth U.S. Circuit
Court of Appeals declaration that reciting
the Pledge of Allegiance in public schools
is unconstitutional because of the words
"under God" inserted by Congress in 1954.
In a 2-1 decision, the court said the phrase
"one nation under God" amounts to a government
endorsement of religion in violation of
the separation of church and state. The
case was brought by a California atheist
who objected to his daughter being compelled
to listen to her second-grade classmates
recite the pledge.
Critics of the decision were flabbergasted
and warned that it calls into question the
use of "In God We Trust" on the nation's
currency, the public singing of patriotic
songs like"God Bless America," even the
use of the phrase "So help me God" when
judges are sworn into office.
The ruling, if allowed to stand, would mean
schoolchildren could no longer recite the
pledge, at least in the nine Western states
covered by the court: Alaska, Arizona, California,
Hawaii, Idaho, Montana, Nevada, Oregon,
and Washington state.
However, the ruling does not take effect
for several months, to allow further appeals.
The government can ask the court to reconsider,
or take its case to the U.S. Supreme Court.
Incidentally, the Supreme Court itself begins
each of its sessions with the phrase "God
save the United States and this honorable
court."
The 9th Circuit is the nation's most overturned
appellate court - partly because it is the
largest, but also because it tends to make
liberal, activist opinions, and because
the cases it hears - on a range of issues
from environmental laws to property rights
to civil rights - tend to challenge the
status quo.
Congress inserted "under God" at the height
of the Cold War after a campaign by the
Knights of Columbus, religious leaders and
others who wanted to distinguish the United
States from what they regarded as godless
communism.
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