Judge’s Ruling In Lawsuit Over Pledge To State Flag Raises More Questions Than Answers

In a 20-page ruling issued late last week, U.S. District Judge Ed Kinkeade upheld the constitutionality of a 2007 state law amending the pledge to the Texas state flag to include the words “under God.” The law was challenged in federal court by two Dallas area parents who claimed that the pledge, which school children are required to recite daily in Texas public schoiols, constitutes an unconstitutional establishment of religion.

One paragraph in the Judge’s opinion which he used to support the Texas law caught our attention, and makes us believe there will be an interesting road to hoe for this case on appeal:

Defendant cites statutes from forty-three states providing for recitation of the national pledge by public schoolchildren. Of these, thirteen have additional pledges unique to their individual states. Five states—Kentucky, Louisiana, Mississippi, Tennessee, and Texas—have pledges that make some reference to “God” or divine grace. KY. REV. STAT. ANN. § 2.035 (2007); LA. REV. STAT. ANN. § 49.167 (2007); MISS. CODE ANN. § 37-13-7 (2007); TENN. CODE ANN. § 4-1-329 (2007); TEX. GOV’T CODE § 3100.101.

There is a significant problem with a few of the pledges the Judge cites in his opinion. Most of the flag salutes he cites are far different from Texas’ flag salute, or were written well before State Rep. Debbie Riddle (R-Tomball) got on a high horse and decided that God needed more attention from the Texas Legislature.

Let’s look at Kentucky’s pledge, last revised in 2000:

The following shall be the official pledge of allegiance to the flag of the Commonwealth of Kentucky: “I pledge allegiance to the Kentucky flag, and to the Sovereign State for which it stands, one Commonwealth, blessed with diversity, natural wealth, beauty, and grace from on High.”

For one thing, Kentucky’s flag doesn’t specifically mention “God.” It simply says, “grace from on High,” which isn’t the same kind of Judeo-Christian catering that is in the language the Texas Legislature approved during the 80th Session.

Too, Kentucky’s flag salute wasn’t written by the legislature, but by a fifth grade class. And, recitation isn’t mandatory. From an AP story in 2000 (no link avail.):

FRANKFORT, Ky. (AP) – A fifth grade class’s composition would become an official pledge to the Kentucky state flag under a bill the Senate passed Thursday.

Sen. Vernie McGaha, R-Russell Springs, said nothing would be mandatory under the bill, which he sponsored.

The state pledge was proposed by pupils at Pulaski County Elementary School. The text: “I pledge allegiance to the flag of the commonwealth of Kentucky, and to the sovereign state for which it stands, one state within the Union, blessed with diversity, natural wealth and beauty, and grace from on high.”

The vote was 38-0. The bill goes to the House.

Louisiana’s pledge contains a more explicit refrence to God, but it was also adopted nearly 30 years ago:

§167.  State pledge of allegiance

There shall be a state pledge of allegiance, to read as follows:

“I pledge allegiance to the flag of the state of Louisiana and to the motto for which it stands: A state, under God, united in purpose and ideals, confident that justice shall prevail for all of those abiding here.”

Added by Acts 1981, No. 711, §1.

Under the Mississippi statute, the recitition of the pledge to the state flag, with an explicit “God” refrence isn’t required, either, although reciting the pledge to the U.S. Flag is mandated monthly.:

(2)  The official pledge of the State of Mississippi shall read as follows:

“I salute the flag of Mississippi and the sovereign state for which it stands with pride in her history and achievements and with confidence in her future under the guidance of Almighty God.”

The pledge of allegiance to the Mississippi flag shall be taught in the public schools of this state, along with the pledge of allegiance to the United States flag.

Too, Mississippi’s pledge was codified in 1972.

As for Tennessee, although it mandated the pledge and cofidied an official pledge in 2006, the actual pledge was written and had been in common use for decades:

Rep. Tom DuBois has introduced a bill (HB 2874) that would require the State Legislature to salute the Tennessee flag at the beginning of every session. The salute to the flag, a four-line rhyme, was crafted nearly three decades ago by Lucy Steele Harrison, who, at the time, led the Tennessee Society of the Daughters of the American Revolution. That organization is supporting the measure and would eventually like to see it recited by school children like the pledge to the American flag.

Here is the Tennessee pledge:

4-1-329. Official salute to the Tennessee flag. —

(a)  The following salute written by Lucy Steele Harrison is designated and adopted as the first official salute to the flag of Tennessee:

“Three white stars on a field of blue
God keep them strong and ever true
It is with pride and love that we
Salute the Flag of Tennessee.”

Those are some not-so-subtle differences. To recap those: Tennessee’s flag salute law, while new, uses a pledge that was written and informally adopted decades ago. Mississippi’s flag pledge was codified in 1972; Louisiana’s was adopted in 1981. Kenticky’s pledge, adopted in 2000, doesn’t make a specific refrence to God and was authored not by a legislator but by a class of school students.

Someone please explain how what was introduced in Texas in 2007 can even compare to the other pledges and flag slaute laws.

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