1st Circuit: New Hampshire Schools' Pledge of Allegiance Recitation Is Constitutional

In Freedom from Religion Foundation v. Hanover School District, (1st Cir., Nov. 12, 2010), the U.S. 1st Circuit Court of Appeals rejected an Establishment Clause challenge, as well as other constitutional challenges, to New Hampshire's School Patriot Act that requires a time during the school day for recitation of the pledge of allegiance. Any student's participation is voluntary. Those who wish not to recite the pledge are to either stand or sit silently. Plaintiff argued that the recitation of the pledge is a religious exercise because the pledge contains the words "under God." The court said:

At the heart of FFRF's claim is its argument that those students who choose not to recite the Pledge for reasons of non-belief in God are quite visibly differentiated from other students who stand and participate.... FFRF's premise is that children who choose not to recite the Pledge become outsiders based on their beliefs about religion. That premise is flawed..... There are a wide variety of reasons why students may choose not to recite the Pledge, including many reasons that do not rest on either religious or anti-religious belief. These include political disagreement with reciting the Pledge, a desire to be different, a view of our country's history or the significance of the flag that differs from that contained in the Pledge, and no reason at all.

The Becket Fund issued a press release announcing the decision. [Thanks to Volokh Conspiracy for the lead.]