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  1. #1
    Atomic Punk
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    12.11.17 @ 04:37 PM
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    Judge: School Pledge Is Unconstitutional

    The Courts are pulling apart the fabric of the USA...

    SAN FRANCISCO - A federal judge declared the reciting of the Pledge of Allegiance in public schools unconstitutional Wednesday in a case brought by the same atheist whose previous battle against the words "under God" was rejected by the U.S. Supreme Court on procedural grounds.

    U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation "under God" violates school children's right to be "free from a coercive requirement to affirm God."

    Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

    The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of.

    Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue.

    Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts in Sacramento County, where the plaintiffs' children attend.

    The order would not extend beyond those districts unless it is affirmed by a higher court, in which case it would apply to nine western states.

    The decision sets up another showdown over the pledge in schools, at a time when the makeup of the Supreme Court is in flux.

    Wednesday's ruling comes as Supreme Court nominee John Roberts faces day three of his confirmation hearings before the Senate Judiciary Committee. He would succeed the late William H. Rehnquist as chief justice.

    In July, Sandra Day O'Connor announced her plans to retire when a successor is confirmed.

    The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court.

    "It's a way to get this issue to the Supreme Court for a final decision to be made," said fund attorney Jared Leland.

    The decisions by Karlton and the 9th Circuit conflict with an August opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Va. That court upheld a Virginia law requiring public schools lead daily Pledge of Allegiance recitation, which is similar to the requirement in California.

    A three-judge panel of that circuit ruled that the pledge is a patriotic exercise, not a religious affirmation similar to a prayer.

    "Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to assert that the words `under God' contain no religious significance," Judge Karen Williams wrote for the 4th Circuit. "The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity."

    Newdow, reached at his home, was not immediately prepared to comment.

    Karlton, appointed to the Sacramento bench in 1979 by President Carter, wrote that the case concerned "the ongoing struggle as to the role of religion in the civil life of this nation" and added that his opinion "will satisfy no one involved in that debate."

    Karlton dismissed claims that the 1954 Congressional legislation inserting the words "under God" was unconstitutional. If his ruling stands, he reasoned that the school children and their parents in the case would not be harmed by the phrase because they would no longer have to recite it at school.

    Terence Cassidy, a lawyer representing the school districts, said he was reviewing the opinion and was not immediately prepared to comment.
    "Watch what people are cynical about, and one can often discover what they lack. -- Gen. George S. Patton

  2. #2
    Outta Space Cowboy Scotty's Avatar
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    Embarrassing.

  3. #3
    Atomic Punk
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    Quote Originally Posted by scotty5150
    Embarrassing.
    I guess people who object to GOD, should give up accepting American currency as well... That's next in their line of site...

    "Watch what people are cynical about, and one can often discover what they lack. -- Gen. George S. Patton

  4. #4
    Outta Space Cowboy Scotty's Avatar
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    When did we become so desensitized? Was I not paying attention? Thinking about the kind of America my children are going to grow up in makes my stomach turn...


    I can't believe this thread has been open this long without any

    What are you all waiting for?

  5. #5
    Atomic Punk
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    It's the 9th Circus court. The most overturned court in the country.

    On the other hand, I'd like to thank the ACLU for giving Bush an excuse to nominate some uber-rightwing type to the court and helping grease the wheels with this current nominee.
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  6. #6
    Atomic Punk jrk5150's Avatar
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    12.15.17 @ 12:11 PM
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    I think it's kind of funny that the religious nuts are hanging their hat on this one. The words under God were, to my understanding, added to the Pledge during the heights of McCarthyism, which is a particularly embarassing period of our political history. Nothing like fighting for the good old days of McCarthyism...

    Not quite the you wanted, but that's what you get.

    There's quite a long contentious thread about this somewhere. There is a difference between forcing some kid to recite a phrase that is contrary to his/her beliefs and having a reference to God on money, on the walls of courtrooms, etc., etc. And for those who advocate for such CHILDREN to simply avoid saying the Pledge or removing that phrase for themselves, don't be so fucking naive, that's perhaps the single most idiotic argument advanced in all of these quasi-religious argument threads.

  7. #7
    Atomic Punk smithjc's Avatar
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    Yeah whattabout the money??? It's got God all over it.

    But I guess it's appropriate since a lot of people seem to worship that green stuff.

    The whole thing is stupid, there's so much else to fix, why this after how many years????
    RIP - Classic Van Halen

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    Outta Space Cowboy Scotty's Avatar
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    Quote Originally Posted by smithjc
    The whole thing is stupid, there's so much else to fix, why this after how many years????
    Apparently, judges have little weenies. Therefore, they must piss all over the fabric of America to make themselves feel better.

    Now, if my big-ass schlong was draped in a judge's robe, we wouldn't have this problem.

  9. #9
    Atomic Punk smithjc's Avatar
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    08.04.17 @ 11:33 PM
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    Quote Originally Posted by scotty5150
    Apparently, judges have little weenies. Therefore, they must piss all over the fabric of America to make themselves feel better.

    Now, if my big-ass schlong was draped in a judge's robe, we wouldn't have this problem.
    And where are you located exactly???
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  10. #10
    Eruption
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    Default you liberal PC whackos crack me up.

    Quote Originally Posted by IED
    I think it's kind of funny that the religious nuts are hanging their hat on this one. The words under God were, to my understanding, added to the Pledge during the heights of McCarthyism, which is a particularly embarassing period of our political history. Nothing like fighting for the good old days of McCarthyism...

    Not quite the you wanted, but that's what you get.

    There's quite a long contentious thread about this somewhere. There is a difference between forcing some kid to recite a phrase that is contrary to his/her beliefs and having a reference to God on money, on the walls of courtrooms, etc., etc. And for those who advocate for such CHILDREN to simply avoid saying the Pledge or removing that phrase for themselves, don't be so fucking naive, that's perhaps the single most idiotic argument advanced in all of these quasi-religious argument threads.

    you like the world to believe that a) any reference to God is due to some right wing Jerry Falwell nut job getting loose in the govt and, b) any reference to God is totally contrary to the standards set forth by the forefathers.

    both arguments are total bullshit.

    references to God are prominently found in, for instance, the Declaration of Independence (capitalized for the reading impaired):

    "When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's GOD entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

    "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their CREATOR with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

    in fact, isn't it sadly ironic that, as the left-wing PC gestapo in the name of "freedom" does everything it can to expunge God from having any place in our government, that the very document that authenticated our freedom, and established our government, cites the authority of GOD, THE CREATOR as the basis for such freedoms and independent government?

    i didn't make that up. there it is in black and white.

    amazing how a vocal minority of uneducated twits with an anti-religious agenda can attempt to erase 229 years of history.

    i have no doubt that soon the singing of the national anthem will be outlawed as unconstitutional because it offends the delicate sensitivites of our recently-imigrated illegals.
    Last edited by SeriousDooDoo; 09.15.05 at 03:06 PM.

  11. #11
    Niners Fan! SactoFan's Avatar
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    Quote Originally Posted by IED
    Nothing like fighting for the good old days of McCarthyism...

    Unfortunately for your point, the Venona papers prove conclusively that McCarthy was way more right than he was wrong...
    Can't stop...addicted to the shindig...

  12. #12
    Hang 'Em High janthraxx's Avatar
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    That's a stupid decision. Although kids shouldn't be forced to say the pledge. Are they anymore? Sacto, you teach kids right?
    "Suck a fat one, faggot."
    -MikeL, showing off that sharp wit of his.

    "You may recognize some of these chemicals. Let's start with cyanide...The one the Aum Shinrikyo cult attempted to use to commit mass murder in a Tokyo subway in May 1995...The same cyanide produced routinely--1.4 million tons per year--for use in the production of plastics, adhesives, cosmetics, pharmaceuticals, and so on. It seems that those who put small amounts of cyanide in subways are terrorists. But those who produce it in mass quantities and contaminate broad reaches of soil, water, and air, killing countless living beings, are not terrorists, but rather capitalists, and are counted among the finest and most powerful people on the planet."

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  13. #13
    Hang 'Em High Wray's Avatar
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    I don't understand what's so upsetting about this decision. Enlighten me...

  14. #14
    Good Enough rrussou812's Avatar
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    replace the pledge with this...



    and all the widdle boys across the great USofA will certainly take attention to saluting their country :P

  15. #15
    Hang 'Em High janthraxx's Avatar
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    Quote Originally Posted by Wray
    I don't understand what's so upsetting about this decision. Enlighten me...
    It's not upsetting. It's just stupid to declare the pledge of allegiance unconstitutional.
    "Suck a fat one, faggot."
    -MikeL, showing off that sharp wit of his.

    "You may recognize some of these chemicals. Let's start with cyanide...The one the Aum Shinrikyo cult attempted to use to commit mass murder in a Tokyo subway in May 1995...The same cyanide produced routinely--1.4 million tons per year--for use in the production of plastics, adhesives, cosmetics, pharmaceuticals, and so on. It seems that those who put small amounts of cyanide in subways are terrorists. But those who produce it in mass quantities and contaminate broad reaches of soil, water, and air, killing countless living beings, are not terrorists, but rather capitalists, and are counted among the finest and most powerful people on the planet."

    -Derrick Jensen, "What We Leave Behind"

    "You know what's weird to me is Christians who are against the death penalty. After all, if it weren't for the death penalty, we wouldn't celebrate Easter!"

    -the late, great, Bill Hicks

 

 

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