HomeMy WebLinkAboutCC Res 5055 2002-08-26
RESOLUTION NUMBER ~5"!f'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH EXPRESSING OPPOSITION TO THE DECISION OF THE
U.S. NINTH CIRCUIT COURT OF APPEALS AND SUPPORTING
REAFFIRMATION OF THE REFERENCE TO ONE NATION
UNDER GOD IN THE PLEDGE OF ALLEGIANCE
WHEREAS, the City Council of the CIty of Seal Beach hereby expresses opposition to the
decision of the u.S. Ninth Circuit Court of Appeals rendered in the case, Michael
A. Newdow v. the U.S. Congress, Umted States of America, et aI., finding that the
1954 Act of Congress, adding the words "under God" to the Pledge of Allegiance
and that Elk G':Ovl;l Unified School District's polley and practice of teacher-led
voluntary recitation 'qf the Pledge, with the added words included, violates the
Establishment of Religion Clause; and
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WHEREAS, the plaintiff in this {~k, Michael A. Newdow, an atheist, whose daughter attends
public school in the Eik Grove Umfied School District in California, contends that
he has a right to preclude other students from reciting the Pledge of AllegIance
with 'the'words, "under God," desptte the fact that the recitation of the Pledge is
entirely voluntary, thereby impOSing hIS own religious, or anti-religious views on
others in the guise of asserting his own purported constitutional rights; and
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WHEREAS, the City Council recognizes that on November 20, 1992, the United States Court
of Appeals for the Seventh CirCUIt in Sherman v. Community Consolidated
School District # 21, held that a school dIstrict's policy for voluntary recitation of
the Pledge of AllegIance including the words "under God" was constitutional; and
WHEREAS, the City Council affirms that the U.S. Ninth CIrcuIt Court of Appeals erroneollsly I
held in Newdow v. U.S. Congress, et at.: (I) that the Pledge of Allegiance's use of
the express religious reference "under God" violates the First Amendment to the
Constitution and (2) that, therefore, a school dIstrict's policy and practice of
teacher-led voluntary recItations of the Pledge of Allegiance is unconstitutional;
and
WHEREAS, the City Council affirms that the erroneous rationale of the U.S. Ninth Circuit
Court of Appeals in Newdow would lead to absllrd results that the Constitution's
use of the express religious reference "Year of our Lord" in Article VII VIOlates
the First Amendment to the Constitution and that, therefore, a school districts'
policy and practice of teacher-led voluntary recitations of the Constitution Itself
would be unconstitutional; and
WHEREAS, there is no constitutional right to preclude others from expressions, oaths,
opinIOns or pledges which one considers dtsagreeable, whether such oaths,
opinions or pledges are patriotic, religious or otherwise; and
WHEREAS, the wholly voluntary recitation of the Pledge of Allegiance, including the words
"under God", In no way constitutes an establishment of a national religIOn.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Seal Beach I
hereby reaffirm that the wholly voluntary Pledge of Allegiance to the flag should maintain the
following delivery: "I pledge allegiance to the Flag of the United States of America, and to the
Repubhc for which It stands, one Nation under God, indIViSIble, with liberty and justice for all",
and is best rendered by standing at attention facing the flag with the ngllt hand over the heart.
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Resolution Number :;;5~
P~~ APPROVED A
_ day of
by the City Council of the City of Seal Beach on
2002 by the following vote:
~~ ~?:tId-
AYES:
NOES:
ABSENT:
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Mayor
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of Seal Beach, califo~o hereby certify that the foregoing
resolution is the original copy of Resoluhon Numb ~ on file in the office of the City
Clerk, passed, approved, and adopt~J.lhe City Council of t ty of Seal each, at a reglllar
meeting thereof held on the ;..J _ day of , 2002.