Sunday, February 08, 2015

Challenge To "Under God" In Pledge Rejected

In American Humanist Association v. Matawan-Aberdeen Regional School District, (NJ Super. Ct., Feb. 4, 2015), a New Jersey state trial court dismissed a lawsuit that claimed the daily recitation of the pledge of allegiance in public schools violates the equal protection guaranties of the New Jersey constitution to atheist and humanist students, even when they are not required to participate in the pledge.  The court said in part:
the court is not insensitive to the Does and Doechild's claim that they feel marginalized by the inclusion of the words "under God" in the text of the Pledge.  Subjective feelings, however, do not and cannot serve as a constitutional litmus test for equal protection in the absence of some invidious classification because potentially anything offensive to one's subjective sensibilities could be struck down as unconstitutional.
The Becket Fund issued a press release announcing the court's decision.

UPDATE: Here is a link to the full opinion and court's order.