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June 14, 2004

BREAKING NEWS: Pledge of Allegiance OK in schools... for now

The U.S. Supreme Court has issued a decision in Elk Grove Unified School District v. Newdow, the Pledge of Allegiance case. It's a mixed bag for school boards. The Court did not address whether the school board policy for daily recital of the Pledge is unconstitutional. Instead, it found that the plaintiff, parent Michael Newdow, lacked standing to bring the case because custody of his daughter is in dispute.

It's a big relief that school board Pledge policies are safe for now. And we shouldn't underestimate how important custody and standing issues are for schools every day. But this decision may leave school board policies vulnerable to more lawsuits like Mr. Newdow's.

One key point: Once again, we're hearing all the reporters frame the issue as "preserving the words 'under God' in the Pledge." That makes for flashy headlines, but it misstates the legal issue and contributes to public misunderstanding. The issue here is school board policy.

Here is NSBA's press statement on the decision. Stay tuned. We'll have more to share tomorrow.

Posted June 14, 2004 12:00 AM