Pledge in schools: Offered, not forced
News of an Atlanta school district’s removal of the pledge in public schools in August renewed nationwide debate over an old controversy. After a local teacher expressed frustration over the misinformation he’s seen on social media, the time seemed ripe to revisit this topic.
The Pledge of Allegiance must be offered in Idaho schools.
Yes, that’s a must according to Idaho Code 33-1602, which states in part:
“Every public school shall offer the pledge of allegiance or the national anthem in grades one through 12 at the beginning of each school day.
Nor is there cause for serious concern about a constitutional challenge to Idaho’s pledge law, because the “shall” refers to schools offering the pledge, not an obligation by students to recite it.
The same code section adds:
“No pupil shall be compelled, against the pupil’s objections or those of the pupil’s parent or guardian, to recite the pledge of allegiance or to sing the national anthem.”
Neighboring Washington has a similar opt-out law, requiring school districts to “cause” a recitation of the pledge for “those pupils so desiring,” and requiring those not reciting to “maintain a respectful silence.”
Patriotism and how it’s best expressed is individually defined. Some consider nationalistic symbols such as the pledge akin to religion; others object to the inclusion of religion (“nation under God”) in their patriotic symbols — taking separation of church and state as the highest constitutional principle. On both sides, feelings are intense.
Federal court decisions interpreting the First Amendment and Establishment Clause have teetered in both directions, defending daily recitation in schools, but not unfettered enforcement.
In 1940 the Supreme Court ruled that requiring a student to salute the flag did not violate religious freedom. In 1943 the Supreme Court struck down a West Virginia statute requiring students and teachers to recite the pledge, as well as a school’s discipline policies resulting in the expulsion of Jehovah’s Witness students. The opinion stated,
“... no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”
Other challenges continued through the decades. One of the most notable was initiated by a California parent, Michael Newdow, who objected to the “under God” element in the pledge his child was required to recite. After several volleys between the Ninth Circuit Court of Appeals and the Supreme Court between 2002 and 2010, the upshot was that the recitation of the pledge — and the school’s role in leading it — does not violate the Establishment Clause. However, students do have the right to refuse to participate without fear of punishment, being singled out, or retaliation.
Which brings us full circle to Idaho law. The pledge stands on solid legal ground — in and out of schools. As does anyone’s right not to say it.
Next time, a glimpse of pledge history.
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Sholeh Patrick, J. D. is a columnist for the Hagadone News Network. Contact her at Sholeh@cdapress.com.