번외 38 Pledge is Unconstitutional

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번외38.hwp

A federal judge in Sacramento ruled this morning that it is unconstitutional for public school children to recite the Pledge of Allegiance, because of its reference to one nation "under God." U.S. District Judge Lawrence Karlton ruled he is bound by the precedent set by the 9th U.S. Circuit Court of Appeals which ruled in 2002 that it was unconstitutional for the Pledge to be recited in public schools. Karlton ruled in a lawsuit brought by Sacramento atheist Michael Newdow on behalf of three families who are custodial parents of children who attend Northern California public schools and the students themselves. Newdow, who learned of the judgement today in Texas where he works part-time as an emergency room physician, said, "We are not a nation under God. We are nation under religious freedom and religious equality and government's not allowed to take sides in a religious dispute and it's doing that right now." Newdow told News10 he would probably request a temporary restraining order next week to keep students from saying the Pledge in the Sacramento area school districts involved in the lawsuit. The affected districts are the Elk Grove Unified School District, Elverta Joint Elementary School District, and the Rio Linda School District. Karlton said he would sign a restraining order. In a mid-afternoon press conference, the districts responded that they were disappointed in the ruling and that there wasn't a full-court review of the case. They added that students would continue to recite the Pledge until the districts were ordered to desist. The Becket Fund for Religious Liberty, based in Washington, D.C., immediately announced it will appeal the decision to the 9th U.S. Circuit Court of Appeals. Newdow lost a similar attempt to have the Pledge ruled unconstitutional when he sued on behalf of his daughter. The 9th Circuit Court of Appeals agreed with Newdow's argument that the pledge violated the so-called "establishment clause" of the U.S. Constitution. The case was appealed and ended up before the U.S. Supreme Court last year. However, the justices declined to rule on the issue, saying it was unclear if Newdow had legal custody of his daughter.

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-강의 중  The Becket Fund for Religious Liberty, based in Washington, D.C., immediately announced it will appeal the decision to the 9th U.S. Circuit Court of Appeals. 에서 왜 항소(청원)을 했는 지 모르겠다고 했습니다. 페이지가 넘어가면서 청원의 이유가 Newton의 사례인 것으로 착각을 했습니다. 사실은 the district가 맹세를 지속화 하겠다는 것에 대하여 청원을 한다는 것입니다. 그러면 단체의 이름에 Liberty가 들어가는 것이 이해가고 종교의 자유를 위한 단체가  the district의 결정에 이의를 제소하는 것이 됩니다. 페이지가 넘어가면서 맥을 놓쳤습니다.