Barnett Calls for Reconsideration of Pledge of Allegiance Decision

(Pierre) – Attorney General Mark Barnett and attorneys general from 47 other states and two territories are asking the Ninth Circuit Court of Appeals to reconsider their decision that declared the Pledge of Allegiance unconstitutional.

In a letter to the Court of Appeals, the attorneys general said that the decision entered in this case is legally flawed and the matter should be reheard by an en banc panel. The letter also noted that the United States Supreme Court commented favorably on the Pledge of Allegiance’s reference to God in a 1989 case.

“The reference to God in the Pledge of Allegiance is no different than the references in the Declaration of Independence, God Bless America, or the money in your pocket” said Barnett.

The Ninth Circuit Court of Appeals three judge panel declared the Pledge of Allegiance unconstitutional in June. The panel held that the reference “one nation under God” violated the establishment clause of the first amendment regarding separation of church and state.

In addition to South Dakota, attorneys general from the following states and territories signed the letter: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, the Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, the Virgin Islands, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

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