Judge sums up ‘under God’ ruling with brilliant explanation

Hearing the words “Under God” in the Pledge of Allegiance does not violate the rights of atheists.

That was the ruling of a N.J. judge who ruled on a lawsuit filed by a student against the Matawan-Aberdeen school district that said the phrase promoted an environment of discrimination in class because it elevated religion and made the atheist students feel like “second-class citizens,” northjersey.com reported.

The lawsuit was filed last year by the student and his parents and joined by perennial agitators the American Humanist Association, an atheist group that often gets involved in cases that center on the issue of the separation of church and state.

Judge Bauman
Attorneys for the plaintiff contended that the unnamed student felt “marginalized” when he heard the pledge “just as America’s Jews, Hindus, and Muslims would feel excluded, marginalized and stigmatized if they were told by their government on a daily basis that the United States is one nation ‘under Jesus.’”

Judge David F. Bauman dismissed the case in February, but his ruling was published Monday. In it, he stated that the student had every right to skip the Pledge if he wanted to, but that the words do not endorse a particular religion.

“As a matter of historical tradition, the words ‘under God’ can no more be expunged from the national consciousness than the words ‘In God We Trust’ from every coin in the land, than the words ‘so help me God’ from every presidential oath since 1789, or than the prayer that has opened every congressional session of legislative business since 1787,” Bauman wrote.

“The Pledge of Allegiance, in this historical context, is not to be viewed, and has never been viewed, as a religious exercise,” he added.

Bauman pointed out that the state’s constitution even references “Almighty God.”

“Under plaintiffs’ reasoning, the very constitution under which plaintiffs seek redress for perceived atheistic marginalization could itself be deemed unconstitutional, an absurd proposition which plaintiffs do not and cannot advance here,” he wrote. “Protecting students from viewpoints and ideas that may offend or upset them is not and has never been the role of public schools in America.”

The American Humanist Society disagreed with the ruling, but it does not plan to appeal.

“The daily pledge recitation is a core part of how we define patriotism for children on a daily basis, so the exercise is discriminatory if it associates patriotism with God-belief and suggests that atheists and humanists are second-class citizens,” legal director of the American Humanist Association’s Appignani Humanist Legal Center David Niose said.

School district attorney David B. Rubin praised the decision.

“This case does not deal with religious freedom,” he said. “It is a reference to the role religion played in the establishment of this country.”

Related:

‘One nation under Allah?’ School’s Pledge of Allegiance in Arabic infuriates small town.

Carmine Sabia

Carmine Sabia

Carmine Sabia Jr started his own professional wrestling business at age 18 and went on to become a real estate investor. Currently he is a pundit who covers political news and current events.
Carmine Sabia

Comments

359 thoughts on “Judge sums up ‘under God’ ruling with brilliant explanation

  1. knighttemplar01 says:

    And everyone wonders how our nation has fallen so far from grace? We were founded on the premise and principle of a nation under God. But the progressive liberals(communists) atheists and creeps like soros want a depraved, self centered society of hedonists.

  2. Butchrgt says:

    Judge David F. Bauman you have made my year. Your decision to stand our ground when giving the Pledge of Allegiance shows me that there are still people of authority with intelligence to properly review this case and provide the best decision. For over 3/4 of a century I have said the Pledge with pride and never wavered for what it stands for. I too never thought of a religious reason to say the pledge, only the fact that God approved of our country…… God Bless America!

  3. carolskey says:

    “…and made the atheist students feel like ‘second-class citizens…’”. Well stated and certainly correct! When a person voluntarily chooses to ignore the One who made him, his final resting place will be hot and undesireable (“second class” compared to paradise…but, then again it is a CHOICE!).

    Lord please open these fool’s eyes to Your Grace and Light!

    1. Doug says:

      Florida is Paradise.

  4. mfh says:

    The Judge is wrong. God was added to the pledge in 1954 and was not a part of the original pledge. If a group starts to say the pledge, than he has the right to plug his ears and yell nah nah nah during the whole thing.

  5. mfh says:

    Another thing. The Pledge was written by a Baptist who wanted people to pledge to the State not the states. It was not out of honor of liberty or freedom he wrote it, but to influence obedience to the State. Think about that for a moment.

  6. BelligerentBruncher says:

    There is nothing more annoying than militant atheists.

    — Atheist since age 14, CCD class.

  7. dennisr1028 says:

    Sad but evidently this young man Had a bad experience with a church or never had the opportunity to know who Jesus is. I recommend we pray for him and his handlers to have an experience with the true God and come to know Jesus.

  8. enlightened11 says:

    What were the Crusades about? a Pizza party?

    1. docneaves says:

      Yeah, smart ass, and Pizza Hut hosted it. Go read your frigging history on your own time, don’t come to me for an education, but every “Crusade” was in response to Islam. Here, let’s let a professor educate you:

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