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November 14, 2005
Might I Suggest A Compromise? (UPDATED with Dissent from Bill. Also, Pillowfighting)

Posted by Hubris

The Establishment Clause? Separation of church and state? Yep, I dig 'em.

But stuff like this? Cheese 'n rice.

I'd like to humbly propose an alternative to the drawn-out litigation that will likely ensue over this issue in the years to come: On all of our coins and currency, let's replace "In God We Trust" with "Michael Newdow Is A Real Dipshit." Such a message would avoid the God issue, but still reflect the traditional values of our great nation.

Bill adds: I disagree. While I think that Newdow's latest effort regarding currency takes his campaign against religious belief expressed by the state too far and contextually undermines his other case against the Pledge of Allegiance (practically and politically, though not when each distinct case is viewed inside the theoretical vacuum of legal analysis), I think that Hubris and Goldstein are overly dismissive, if not totally wrong. My comment left at PW (slightly edited):

Hubris adds: (Bill's additional comment is below the fold) I disagree with you disagreeing, natch. Actually, I'm not sure if you're actually disagreeing with me, or just Jeff's post. I'm speaking to the currency issue only, not to the pledge. I avoid the pledge issue because it makes my brain hurt. In the context of the "In God We Trust" thing, I stand by my well-reasoned "dipshit" argument.

Oh, let's just cut to the chase--pillow fight!

Bill Adds: Well, Hubris linked to Goldstein's post, which goes after not only the currency issue, but the expanded context of the pledge case as well. That being said, as long as Hubris promises to keep his pants on, I am willing to settle this with a pillow fight.

Hubris adds:

That being said, as long as Hubris promises to keep his pants on...

Too late!

Original comment still below the fold:

1. Goldstein says:
that any ruling otherwise would lead to precisely the type of legal action Newdow is now taking—ridding any governmental entity or institution of any vestigial traditional or cultural or ceremonial religion.

No, not necessarily. References to God on money can be (and are) well-argued to be Constitutional under the distinction of passivity and “ceremonial deism.”

2. In contrast, a coercive pledge that involves declaring fealty to God in a public school can be argued to be a distinct issue, because it’s not passive, and it tracks much closer to a violation of the Establishment Clause, despite your old conservative canard about a “strained reading.” Seems pretty black and white to me, compared to the situationally ironic and amusing scene of watching an ostensible Constitutional literalist say “but what they really MEANT was ...”

Just because a Federal legislative act doesn’t fulfill the trappings of establishing a de facto state religion (a la the Church of England), down to the length of the pointy hats and structure of weekly services, does not mean that the addition of explicitly religious text to a public oath effectively compelled to school children does not represent some “establishment of religion” by the state, that violates the Constitution in both letter and intent.

But hey, work that meme. But if, as a society, we’re going to afford extra-special protections to the sensibilities of religious folks, because hey, religion is “special,” then atheists should qualify for that special status and protection as well.

Seems pretty logical to me ...

Posted by Hubris at November 14, 2005 01:56 PM | TrackBack (4)

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Comments

Gayyyyy.

Posted by: Beck at November 14, 2005 09:36 PM

Show me how the phrase "...under God..." involves "declaring fealty to God..."

fe·al·ty n. pl. fe·al·ties

1. a. The fidelity owed by a vassal to his feudal lord.
b. The oath of such fidelity.
2. Faithfulness; allegiance.

The only thing we pledge allegiance to is the "Flag of the United States of America and to the Republic for which it stands." The phrase "under God" is describing the Republic as traditionally viewed in our founding documents and comes under the same "ceremonial deism" attributed to money.

The drive to expunge the slightest reference to our historic religious roots from public life does more to expose the intolerance of the antagonists than any possible public service performed by these efforts. We were established as a Nation whose people were endowed by our Creator with inalienable rights, remember?

Posted by: ArcherWeps at November 14, 2005 10:41 PM

Show me how the phrase "...under God..." involves "declaring fealty to God..."

Now you want to play semantics with my use of the word "fealty?" The phrase "under God" in a loyalty pledge is a religious declaration, an endorsment, on its face.

The phrase "under God" is describing the Republic as traditionally viewed in our founding documents and comes under the same "ceremonial deism" attributed to money.

This is historical revisionism. The phrase was added 50-odd years ago, to explicitly assert the USA as a theistic nation in contrast the the Soviet Union. This intent is specifically unconstitutional, by a very rational interpretation. The legislature overstepped its authority, not merely recognizing or tolerating tradition, rather establishing a religious component to a public oath.

Would you tolerate "under Jesus?" "Under Allah?" In a pledge recited by your kid? Even if such additions were popularly mandated? Why or why not?

Posted by: Bill from INDC at November 14, 2005 10:49 PM

In the strictest sense, Michael Newdow's in the right. Still, I think there's an old saying about sleeping dogs.

--|PW|--

Posted by: pennywit at November 15, 2005 12:47 AM

A different argument with its own validity. But it's an interesting exercise to see how different beliefs are afforded different status. If a Jewish minority (and there are less Jews than atheists) had to sit through "under Jesus" in a school pledge, the public opinion on the matter - as well as the legal interpretations of the case - could be quite different.

Posted by: Bill from INDC at November 15, 2005 06:25 AM

Ahhh, ceremonial deism. People sure do fight prett hard to keep a phrase that apparently doesn't mean very much.

The "ceremonial deism" defense strikes me as about as intellectually honest as "ID isn't creationism."

Posted by: andy at November 15, 2005 07:45 AM

Ahhh, ceremonial deism. People sure do fight prett hard to keep a phrase that apparently doesn't mean very much.

Yes, I've made that argument before - about the pledge.

The "ceremonial deism" defense strikes me as about as intellectually honest as "ID isn't creationism."

Well, I'm intellectually honest and largely on your side, yet can see how having a grandfathered in "In God We Trust" as a passive, legacy expression on money would fit the description of "ceremonial deism," which is something the courts seem to recognize. And I don't think it's an illogical premise, though religious organizations using it while fighting so hard for something ostensibly meaningless is disingenuous.

It's important to pick battles. I believe that Newdow is making a grave miscalculation here, politically udermining his much stronger case against the pledge - a case that gives him a shot in Hell at winning. The money case? No chance.

Case in point for shooting himself in the foot with this latest effort: Goldstein's argument.

Posted by: Bill from INDC at November 15, 2005 08:12 AM

Semantics? I suppose. You say the pledge declares "fealty to God" yet fail to address the point that the only pledge in the Pledge is to the Flag and to the Republic. My point still remains -- the "under God" part describes the Republic essentially as it was described by our Founding Fathers in the Declaration of Independence.

...the separate and equal station to which the Laws of Nature and of Nature's God...
...that they are endowed by their Creator...
...appealing to the Supreme Judge of the world...
It is "historical revisionism" to expunge the friendliness to God found in our own historical documents and traditions and to demand their removal. I acknowledge the relatively recent insertion of the "under God" into the Pledge yet I still find it completely consistent with our Declaration. Ditto the "In God We Trust" on the coins -- the history of the phrase is also rooted in the religious nature of our country and citizens. While we may not be as tolerant of these sentiments today we nonetheless respect the decisions of our forebears and carry on our traditions.

Would you tolerate "under Jesus?" "Under Allah?" In a pledge recited by your kid? Even if such additions were popularly mandated? Why or why not?
No, I would tolerate none of those on the same basis that I do tolerate "under God" in the Pledge: our Founding Fathers respected Deity but intentionally named no specific Deity other than God. I would also tolerate "Creator" and "Supreme Judge" for the same reasons.

I hope you read no animosity towards you or your viewpoints in my comments. My beef is with the drumbeat to "revise" our religious history out of existence.

Posted by: ArcherWeps at November 15, 2005 06:25 PM

yet fail to address the point that the only pledge in the Pledge is to the Flag and to the Republic. My point still remains -- the "under God" part describes the Republic essentially as it was described by our Founding Fathers in the Declaration of Independence.

Irrelevant given the context that the original pledge was altered in the 50's; it stood without "under God" longer than it's had it. And by the way, it wasn't written by "the Founding fathers," it was written by a socialist schoolteacher.

So essentially you support a "revision" under the auspices of strongly arguing against historical revision. This is ironic.

No animosity here either.

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