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HomeMy WebLinkAboutCC AG PKT 2009-02-23 #AAGENDA STAFF REPORT DATE: February 23, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Jill R. Ingram, Assistant to the City Manager SUBJECT: "IN GOD WE TRUST" NATIONAL MOTTO SUMMARY OF REQUEST: At the January 12, 2009 City Council meeting, Council Member Miller requested that the subject of displaying the lettering "In God We Trust" in the Council Chambers be agendized and discussed by the City Council. BACKGROUND: In February 2002, the Bakersfield City Council officially voted in favor of displaying our national motto, "In God We Trust," in their Council Chambers above their city seal. Since that time, Bakersfield City Councilmember Jacquie Sullivan incorporated anon-profit organization, In God We Trust -America, Inc., whose mission is to promote patriotism by encouraging elected city officials across the nation to follow Bakersfield's lead. To date, nearly 50 California cities, including several cities in Orange County: Westminster, Cypress, Mission Viejo, San Clemente, Huntington Beach, Tustin, Los Alamitos, Fountain Valley, Yorba Linda, Villa Park, and Rancho Santa Margarita, have approved the display of our national motto, "In God We Trust," in their respective Council Chambers. The issue that some cities have raised is whether the display of the national motto, "In God We Trust," violates the Constitutional separation of church and state, or whether the motto is simply a historic and patriotic expression. The following are some key historical dates relating to our national motto: In September of 1814, during the British bombardment of Fort McHenry, Francis Scott Key composed the poem Sfar Spangled Banner, of which the last line of the second and final stanza is, "and this be our Motto, in God be our Trust." Agenda Item ~1 Page 2 » In 1866, Congress enacted legislation authorizing the inscription of the phrase "In God We Trust" to be placed on certain coins. In 1955, Congress mandated the inscription of "In God We Trust" on all coins and paper currency. On July 30, 1956, Congress and the Supreme Court voted in favor of declaring "In God We Trust" as the national motto of the United States. With regard to the legality of displaying the motto, many cities have obtained legal opinions on the matter. The Supreme Court has acknowledged that phrases such as "In God We Trust" serve the legitimate secular purpose of "solemnizing public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy of appreciation in society." (Lynch v. Donnelly, 465 U.S. 668, 693 (1984)). FINANCIAL IMPACT: Cost estimates for the "In God We Trust" display vary between $350 - $3,500. RECOMMENDATION: That the City Council discuss the subject of displaying the lettering "In God We Trust" in the Council Chambers, and provide direction to staff. SUBMITTED BY: ~i,l'Yl ill .Ingram, sistant to the City Manager NOTED AND APPROVED: ~~ David N. Carm ny, City Manager Attachment: Uur Mission To Promote Patriotism By Encouraging Elected City Officials To Display Our National Motto "In God We Trust" In Every City Hall In America January 5, 2009 Dear Honorable Mayor and City Councilmembers, In 2002, the City Council in Bakersfield, California, voted in favor of proudly and prominently displaying the national motto of the United States, "In God We Trust", in our Council Chambers at City Hall. Since that time, I helped to initiate an organization called In God We Trust - Arrrerica, Inc., and we have attained 501(c)3 non-profit status. Our mission is to encourage every city across the United States of America to follow Bakersfeld's lead. I am pleased to inform you that at this time, nearly 50 California cities have voted in favor of joining this important patriotic effort. This In God We Trust -America a-mail packet is being forwarded to your Mayor, City Councilmembers, City Manager, and City Attorney. We are looking for elected officials in your city to take the lead and work toward cutting this item on youur agenda for a cositive outcome. We would love for your city to loin the growing number of "Yes" cities in America, by voting L°Yes" to disclay our national motto, In God We Trust, in your City Hall. Thank you in advance, Sincerely, ~ ,~~~.~ Jacquie Sullivan City Councilmember Bakersfield, California In God We Trust -America, Ific. President /Founder P.S. I welcome anyone interested in more information to contact me at (661) 834-4943 or a-mail: Jacquie@LibertyStar.net IN GOD WE TRUST -AMERICA, INC. P.O. BOX 11715 • BAKERSFIEI.D, CA 93389 • (661) 834-4943 Email: jacquiesullivan@ingodwetrust-america.org; Website: www.ingodwetrust-america.org A non-profit SOlc3 educational corporation ID# 2624857 Our Mission To Promote Patriotism By Encouraging Elected City Officials To Display Our National Motto "In God We Trust" In Every City Hall In America Board of Directors November 11, 2008 President Jacquie Sullivan Bakersfield Councilmemtrcr Dear Honorable Mayor and Councilmembers, 5ecreurrv MarltAbemalhy w The United States of America has much to celebrate. The freedoms we prize were won through estern Pacific Researon.,nc. enormous pain and sacrifice and are perpetuated through tremendous courage and vision. Now,to help preserve and protect the best of all that America stands fora volunteer organization,ln God We Larry Moxley Trust-America,lnc., has been organized and headquartered in Bakersfield,California. 0urmission is Moxley International to encourage each city in our nation tojoin in prominently and permanently displaying our national motto,"In God We Trust," in every City Hall throughout our great state and across America. Advisory Board "In God We Trust" became our national motto when approved by Congress on July 30,1956, and Dun Clary F later by the Supreme Court, after the United States led the world through the trauma of World War II urmer News Anchor CBS Bakersfield . The words have been used on U.S. currency since 1864. The same inspiring slogan is engraved above the entrance to the Senate Chamber and above the Speaker's dais in the House of Repre- Holly Culh:ure. SPHR P'EA'S Associates sentatives. In both war and peace, these words have been a profound source of strength and guidance to many generations of Americans. Tina Miller Business Owner In February of 2002, the Bakersfield City Council officially voted "Yes" to display our national motto, Paul Neufeld Wruco Qwncilmernlxr "In God We Trust," in their City Hall. These historic words are now prominently displayed in their city council h b d h d b h i i l d Buildin Connactor c am ers an arc e a ove t e r c ty sea . To ate, nearly 50 cities in California have g voted to take similar official action and to follow Bakersfield's lead. We now encourage every city Pedro Rios across our wonderful land to do the same. Delanu Cuuncrlmemfxr Educator Will You Join Us? Cheryl Rhudes Educator In God We Trust -America, Inc. has received a significant letter from the President of the Pacific Dan Schaffer Justice Institute, anon-profit group based in Sacramento, who defends cases threatening our KAXLRadio religious liberties and our nation's religious heritage They are commendin our or anizati f Davevoss . g g on or promoting the national motto and assure us that"under applicable case law, such recognitions JesttsSirack are clearly constitutional." Should any government entity receive legal threats, the Pacific Justice Institute would be honored to defend them at no charge in state or federal court. Tarn Watkins Bakersfield Pami-y M di l C Our volunteer organization, In God We Trust -America, Inc., is incorporated with non-profit 501 c3 e ca enter status. We are available to assist you, as a civic leader, with whatever is needed to aid in your artici ation to a ro di l i ti ' p p pp ve sp ay ng our na on s motto in your own city hall. A representative from our organization will contact you to see how we can assist you in this noble endeavor. You may also contact me directly for assistance at (661) 834-4943 ore-mail at jacquiesullivan@ingodwetrust-america.ory. May God bless America, and may America's trust always be in God. Sincerely, Jacquie Sullivan Bakersfield City Councilmember Founder /President In God We Trust -America, Inc. IN GOD WETRUST -AMERICA, lNC. P.O. Box 11715 • Bakersfield, CA 93389-1715 • (661) 834-4943 Email:jacquiesullivan@ingodwetrust-america.org • Website:ingodwetrust-america.org A non-profit 501 c3 educational corporation ID# 2624857 The History of the National Motto "In God We Trust" • In September of 1814, during the British bombardment of Fort McHenry, Francis Scott Key composed the poem Star Spangled Banner, of which the last line of the second and final stanza is, "and this be our Motto, in God be our Trust." • In 1861, Chief Justice Chase of the Supreme Court wrote the following in a letter to the director of the U.S. Mint: "No nation can be strong except in the strength of God, or safe except in His defense. The trust of our people in God should be declared on our national coins." • In 1866, Congress enacted legislation authorizing the inscription of the phrase "In God We Trust" to be placed on certain coins. • In 1931, Congress passed the act officially designating the composition of the words and music of the Star Spangled Banner as our National Anthem. • In 1954, during the Dwight D. Eisenhower Administration, Congress approved the words "Under God" to be added to our Pledge of Allegiance. In our pledge, the United States is described as "One Nation under God." • In 1955, Congress mandated the inscription of "In God We Trust" on all coins and paper currency. • In 1956, during the Eisenhower Administration, Congress and the Supreme Court voted in favor of declaring "In God We Trust" as the national motto of the United States. • The United States Code itself contains religious references. For example, Congress has directed the President to "...set aside and proclaim a suitable day each year as a National Day of Prayer, on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals." • Our National Motto, "In God We Trust," is prominently engraved on the wall above the Speaker's dais in the Chamber of the House of Representatives and is reproduced on every coin minted and every dollar printed by the Federal Government. • Our Judicial Branch acknowledges the central role of religion in our society. All federal courts open sessions requesting that "God save the United States and this honorable Court." • The Ten Commandments are posted in the U.S. Supreme Court Chambers directly above the bench where the nine Supreme Court Justices sit. SACRAMENTO OFFICE: P.0 Box 276600 Sacramento, CA 95827-6600 916.857.6900 • FAX 916-857902 www.paci5 cjustice.org PACIFIC JUSTICE INSTITUTE June 2, 2006 Councilmember Jacquie Sullivan Founder/President In God We Trust -America, Inc. Bakersfield, California Re: "In God We Trust" Displays Deaz Councilmember Sullivan, Brad W. Dacus Pres~denr Edwin Meese, III Former U.S. Anorney General Adi+isary board Chairman It has come to our attention that your organization is promoting displays throughout the nation commemorating the national motto, "In God We Trust." We aze writing to offer our perspective on this important issue, and also to offer our representation at no charge should any government entities which approve the displays encounter any legal opposition. By way of introduction, the Pacific Justice Institute is a nonprofit organization which specializes in defending religious liberty, including our nation's religious heritage. We are currently acting as defendants-intervenors alongside the U.S. Department of Justice in Newdow v. Congress, which is challenging the inclusion of "In God We Trust" on our nation's coinage. We recently filed a motion to dismiss that lawsuit, and we are well acquainted with the case law on this issue. As you aze no doubt aware, the United States Supreme Court has never indicated that governmental expression must be sanitized of all religious symbolism or references. To the contrary, the Court has acknowledged that phrases such as "In God We Trust" serve the legitimate seculaz purposes of "solemnizing public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy of appreciation in society." Lynch v. Donnelly; 465 U.S. 668, 693 (1984). The Court has also declared that the history and ubiquity of such phrases ensure that they are "not understood as conveying government approval of particular religious beliefs." Id. Even those justices who dissented from the majority holding in Lynch felt that "such practices as the designation of `In God We Trust' as our national motto, or the references to God contained in the Pledge of Allegiance...can best be understood...as aform a `ceremonial deism."' Id. at 716 (Brennan, J., dissenting). Consequently, the dissenting justices reasoned that these designations and references aze immune from Establishment Clause scrutiny as they have shed any sectarian religious implications through rote repetition. Id. CONTINUED 1J. It is important to note that, despite the Court's disagreement over the constitutionality of other forms of religious imagery and language used by the government, no Supreme Court Justice in Lynch disputed the constitutionality of the phrase "In God We Trust." This sentiment was echoed in County of Allegheny v. ACLU, 492 U.S. 573 (1989), where the majority struck down a nativity scene on City property but made it crystal-clear that they would not similarly treat the national motto: Our previous opinions have considered in dicta the motto and the pledge, characterizing them as consistent with the proposition that government may not communicate an endorsement of religious belief....We need not return to the subject of "ceremonial deism" ... because there is an obvious distinction between creche displays and references to God in the motto and the pledge. Id. at 602-603 (citations omitted). In several other cases, both majority opinions and individual Justices have further signaled their support for "In God We Trust." See, e.g. Wooley v. Maynard, 430 U.S. 705, 717, n.15 (1977) (see also Rehnquist, J. dissenting at 722); Stone v. Graham, 449 U.S. 39, 45 (1980) (Rehnquist, J., concurring); School Dist. of Abington Twp. v. Schempp, 374 U.S. 203, 303 (1963) (Brennan, J. concurring); Marsh v. Chambers, 463 U.S. 783, 818 (1983) (Brennan, J. dissenting); Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 322-323 (2000) (Rehnquist, C.J. dissenting); Van Orden v. Perry, 125 S.Ct. 2854, 2879 (2005) (Stevens, J. dissenting); McCreary County v. ACLU, 125 S.Ct. 2722, 2750 (2005) (Scalia, J. dissenting). In conclusion, the Pacific Justice Institute would like to commend your organization for promoting the national motto, and to assure you that under applicable case law, such recognitions are clearly constitutional. Should any government entity receive legal threats from those who oppose even innocuous acknowledgements of religion in public life, the Pacific Justice Institute would be honored to defend them at no charge in state or federal court. Please do not hesitate to contact us if we can be of further assistance to you. Sincerely, CONTINUED 11 President, Pacific Justice Institute National Motto Displays - In the City Hall of some of our "Yes" Cities. Paso Robles, CA ~~.Ma;ta J ~' ..+r ,C~x~'i~ -"- rCOMPTON ' •'E' w. w~Y•~. sf C° "~ •~~"6 Wit'. xs. ~.Y.*}: •_ r* ~.'t':;-s Compton, CA Lodi, CA :~ .y,- Wasco, CA Oceanside, CA Bakersfield, CA Shafter, CA Porterville, CA ~:.t~-~ Artesia, CA Amador, CA Carson~City, CA (sample resolution) City of IN GO® WE TRUST RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF , in COUNTY, STATE of ,SUPPORTING THE DISPLAY OF THE NATIONAL MOTTO "IN GOD WE TRUST" IN THE COUNCIL CHAMBERS IN A PROMINENT LOCATION ABOVE THE SEAL. WHEREAS, "God We Trust" became the United States national motto on July 30, 1956, shortly after our nation led the world through the trauma of World War and WHEREAS, the words have been used on U.S. currency since 1864; and WHEREAS, the same inspiring slogan is engraved above the entrance to the Senate Chamber as well as above the Speaker's dais in the House of Representatives; and WHEREAS, in both war and peace, these words have been a profound source of strength and guidance to many generations of Americans; and WHEREAS, the City desires to display this patriotic motto in the Council Chambers as a way to solemnize public occasions and express confidence in our society. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of does hereby resolve as follows: Section 1. That the City Council of the City of does hereby determine that the national motto "God We Trust" shall become a prominent motto of our City and that these historic and patriotic words shall be permanently displayed above the City seal in the Council Chambers. Section 2. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of (State), held on the _ day of (year). (names and signatures) City of Lan caster, CA Display and Cost The graphic design firm -Davis Communication $170.00 Signs and Designs - $1109.81 Total cost was $1279.81 City of Vl/estminster, CA Display and Cost City of San Clemente, CA Display and Cost We got our lettering for "In God We Trust" from the following: Signs by Creations Unlimited 1323 Calle Valle San Clemente, CA 92672 Contact: Phil (949) 492-7337 ***** The cost for the "In God We Trust" lettering was $344.80. IN ~®I) TAE TRUST - AIVIERICA, INC. CITIES THAT APPROVED DISPLAY OF OUR NATIONAL MOTTO - IN THEIR CITY HALLS (In Chronological Order of Approval) INDEX CITY COUNTY STATE DATE APPROVED 1 Bakersfield Kern CA 02/20/02 2 Tehacha i Kern CA 04/01/02 3 Wasco Kern CA 04/16/02 4 Delano Kern CA 07/15/02 5 Porterville Tulare CA 09/3/02 6 Oceanside San Die o CA 10/26/02 7 Taft Kern CA 03/04/03 8 Tulare Tulare CA 10/05/04 9 Rid ecrest Kern CA 04/2005 10 McFarland Kern CA 06/09/05 11 Arvin Kern CA 07/12/05 12 California Ci Kern CA 07/19/05 13 Shaffer Kern CA 07/19/05 14 Marico a Kern CA 07/27/05 15 Pl mouth Amador CA 02/09/06 16 Artesia Los An eles CA 02/13/06 17 Hawthorne Los An eles CA 02/28/06 18 Carson Los An eles CA 04/04/06 19 Lodi San Joa uin CA 04/05/06 20 Paso Robles San Luis Obis o CA 07/05/06 21 Victorville San Bernardino CA 07/18/06 22 Hu hson Stanislaus CA 12/11/06 23 Kerman Fresno CA 02/21/07 24 Oakle Contra Costa CA 07/09/07 25 Com ton Los An eles South CA 07/10/07 26 Westminster Oran e CA 07/11/07 27 Sonora Tuolumne CA 08/06/07 28 C ress Oran e CA 02/11/08 29 Mission Vie'o Oran e CA 03/17/08 30 San Clemente Oran e CA 03/18/08 31 Huntin ton Beach Oran e CA 04/07/08 32 Lancaster Los An eles CA 05/13/08 33 Tustin Oran a South CA 05/20/08 34 Los Alamitos Oran a South CA 06/20/08 35 El Centro Im erial CA 09/04/08 36 Hi hland San Bemardino CA 09/09/08 37 Fountain Valle Oran e CA 09/16/08 38 Yorba Linda Oran e CA 09/16/08 39 Lemoore Kin s CA 09/16/08 40 Im erial Im erial CA 09/17/08 41 Lom oc Santa Barbara CA 10/07/08 42 Adelanto San Bernardino CA 10/08/08 43 Doris Siski ou CA 10/20/08 44 Selma Fresno CA 11/03/08 . 45 Villa Park South Oran a CA 11/04/08 46 Rancho Santa Mar arita South Oran a CA 11/12/08 Additionally, the City of Albany in Alameda County has displayed our National Motto since at least 1975. TOTAL: 47 Updated 11/17/2008