Nukethepandas,
The following article describes how the 9th Circuit Court ruled that
the current incarnation of the Pledge fails three different tests
created by the courts to decide if The Pledge was constitutional under
the Establishment Clause. The tests are (a) the Lemon Test, (b) the
Endorsement Test, and (c) the Coersion Test:
[Summary of 9th circuit ruling on The Pledge]
http://www.nassp.org/services/legal_pledgeall.html
Note that the 9th Circuits ruling only applies to those states within
the circuit. These states are also specified in the article.
Basically, these tests combine in this case to mean that because
under God was added in 1954 as a response to atheist communism,
because public school teachers are required to use these words in a
government-supported public school classroom, and because students may
not realize they have the right to refuse, the recitation of those
words in public schools should not be permitted.
Those who disagree seem to feel that the recitation of the pledge is
simply ceremonial deism which is simply a fancy way of saying that
we say it by rote without actually thinking about the meaning. A group
called Keep The Pledge explains its view here:
http://www.keepthepledge.com/editorials.php
Keep the pledge confirms the 1954 origin of the words under God in
their page about the history of the pledge:
http://www.keepthepledge.com/history.php
You can read the entire ruling (which includes the judges reasoning)
here. Note that this also includes a partial dissent from one of the
judges who heard the case:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FE05EEE79C2A97B688256BE3007FEE32/$file/0016423.pdf?openelement
If youd like to read more about this, Id recommend clicking on the
following Google search where youll find much more information about
this rather heated topic of debate:
[Google search: court + pledge of allegiance]
://www.google.com/search?as_q=court&num=100&hl=en&ie=UTF-8&oe=UTF-8&btnG=Google+Search&as_epq=pledge+of+allegiance&as_oq=&as_eq=&lr=&as_ft=i&as_filetype=&as_qdr=all&as_occt=any&as_dt=i&as_sitesearch=&safe=images
I hope this provides the information youre looking for. Feel free to
ask for clarification if needed.
/ephraim |