Arlington School committee members seemed wary of returning to the days when “voluntary” expressions of belief or allegiance could still result in some kid who didn’t agree with the majority being pummeled at recess.
Committee member Leba Heigham was one of those who voted no. “Patriotism is a very personal thing for all of us, but I do not think it is in the school committee’s best interest to mandate that any of our employees recite the pledge,” she told local paper the Arlington Patch.
In early March of 2010, the 9th Circuit Court of Appeals declined to find the recitation of the pledge violates the Establishment Clause of the First Amendment.
After a leaving a long legal trail, the case over the recitation of the pledge of allegiance in public schools has come to rest, for the moment. The 9th Circuit Court of Appeals in San Francisco, CA. said the pledge can be recited in the state’s public schools without violating the Establishment Clause of the First Amendment to the Constitution.
The famous (or infamous) atheist Dr. Michael Newdow brought his first suit challenging the constitutionality of the recitation of the pledge of allegiance in 2000. This initial case (Newdow I), challenged the Elk Grove School District’s policy of requiring the recitation of the pledge. Newdow lost because he was not the custodial parent and did not have standing to bring suit.
However, as of today, the question of the whether or not the recitation of the pledge itself was constitutional has not yet been discussed.