Missing the fucking point

[khaosworks]

Bushes Recite Pledge of Allegiance at Church

With two presidents named Bush in the front pew, parishioners at a seaside church recited the Pledge of Allegiance during services on Sunday, making clear their disapproval of a court ruling declaring part of the pledge unconstitutional.

...Chaplain M.L. Agnew, in honor of his powerful guests, diverted the congregation from the usual service briefly to lead them in the Pledge of Allegiance, a pledge of loyalty to the U.S. flag and "one nation under God."

What the Bush and the Shrub and even Agnew (now there's a name you can trust) and apparently what the majority of the United States don't realize about the 9th Circuit ruling is a couple of things. Let me spell it out.

(1) The ruling does not bind the entire country.

The ruling only binds the nine western states that comprise the jurisdiction of the 9th Circuit.

(2) The ruling does not make the Pledge unlawful or unconstitutional.

However, in those states that are under the jurisdiction of the 9th Circuit, public schools cannot require the recitation of the Pledge of Allegiance that involves the phrase "under God" as that would be a violation of the constitutional mandate to separate church and state.

So what's all the brouhaha about? Absolutely nothing, except a media storm in a teacup and a bunch of politicians getting their knickers in a twist over something that doesn't exist.

And you should ask yourself whether these politicians know that they're getting excited over nothing and are cynically exploiting the issue to gain points with the Christian Right and wrap themselves in the flag that is being so proudly hailed over the war on terrorism...

--OR --

...They really are sincere about their outrage, in which case they have jumped to conclusions without proper thinking and these are the guys who make your laws.

Cynical or stupid? It's scary to think that one or the other can be a palatable choice.

Comments

[adamselzer.livejournal.com]

Georgia is well outside the reach of the 9th circuit, but everyone who has a message board sign in this town has changed it to read "One Nation Under God" lately. Not just churches; this includes insurance companies, massage parlors, etc. This can be (and usually is) a depressing town. You should see the furur that ensues whenever a professor mentions evolution - it's rather entertaining, in a way.

[poopsmoothie.livejournal.com]

Personally, I think it's whacked PERIOD that we have little kids recite the pledge. They didn't choose to live here. There's no reason that they automatically should have allegiance. That's at least as offensive by itself as the 'under God' bit.

If 'and the Son' is a filioque, what's 'under God'? Something deio, I guess.

[tavella.livejournal.com]

Cynical. It gives them a nice big noisy issue, to make sure people continue to ignore Enron and Worldcom and the like.

[watericgun.livejournal.com]

ok the topic has long since died...but this brought back some fun memories...
This controversial decision (which I believe was voluntarily stayed by the judge, even though he is appointed for life) was a hot topic for bar discussions here in the 5th circuit as well.

Despite the fact that it wouldn't have been a binding decision for other jurisdictions, we got into the whole debate about whether or not the phrase was protected as being deeply rooted in history and tradition. Feh! The phrase was inserted in the 1950's as a response to communism---as in "look at us, we're a god-fearing country...you, heathens, are not!"

::shrugs:: at least I finally got to bust out the Lemon test to put my hard-earned legal dollars to work.

::runs away beating a dead horse::