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COUNCIL PROPOSAL
Date: File Number: Subject:
July 2, 2002 221 Resolution Concerning Newdow vs. U.S. Congress and the Pledge of Allegiance
Proposed By: City Manager's Review: PAGE: 1 OF 2
Council Member Chuck Silcox
Council Member Clyde Picht
PROPOSAL:
It is proposed that the City Council adopt the attached resolution expressing the sense of
OW the Council that the case of Newdow vs. U.S. Congress, et al, holding that the use of the
words "under God" in the Pledge of Allegiance is unconstitutional, was wrongly decided and
should be reversed, and that copies of the attached resolution, if adopted, be forwarded to
the offices of both Texas senators and local congressional representatives.
DISCUSSION:
On June 26, 2002, a three-judge panel of the 9th Circuit U.S. Court of Appeals decided the
case of Newdow vs. U.S. Congress, et al, ruling 2 to 1 that the reference to God in the
Pledge of Allegiance, which was added to the pledge by Congress in 1954, amounts to an
official endorsement of mono-theism. The court held that both the 1954 law and a
California school district's policy requiring teachers to lead children in the pledge violate the
First Amendment prohibition against the establishment of a state religion.
If this ruling is allowed to stand, schoolchildren could no longer recite the Pledge, at least in
the nine western states covered by the court (Alaska, Arizona, California, Hawaii, Idaho,
Montana, Nevada, Oregon and Washington).
The U.S. Justice Department is currently reviewing its legal options concerning the case,
which include asking the full 9th Circuit Court of Appeals to reconsider the case or directly
appealing the ruling to the U.S. Supreme Court.
LEGALITY:
The City Attorney ,finds that this proposal is legal and within the authority of the City Council.
FISCAL NOTE:
The Finance Director certifies that this proposal will not have an impact on City funds.
LEGALITY
IUL
FISCAL NOTE
CITY MANAGER'S COMMENTS
ITY POLICIES MANUAL
CITY FO TWO TEXAS
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COUNCIL PROPOSAL
Date: File Number: Subject:
July 2, 2002 221 Resolution Concerning Newdow vs. U.S. Congress and the Pledge of Allegiance
Proposed By: City Manager's Review: PAGE:2 OF 2
Council Member Chuck Silcox .
Council Member Clyde Picht
CITY MANAGER'S COMMENTS:
The City Manager determines that this is a policy matter that is within the City Council's
purview to adopt.
Mayor Council Member, District 6
Council Member, District 2 Council Member, District 7
Council Member, District 3 Council Member, District 8
Council Member, District 4 Council Member, District 9
Council Member, District 5 /
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❑ LEGALITY CHT�3a tewonh VG:4.
❑ FISCAL NOTE
❑ CITY MANAGER'S COMMENTS
❑ CITY POLICIES MANUAL
A Resolution
NO.
CONCERNING NEWDOW V. U.S. CONGRESS AND THE PLEDGE OF
ALLEGIANCE
WHEREAS, the U.S. Court of Appeals for the Ninth Circuit, in a 2 to 1 decision, decided the
case of Newdow v. U.S. Congress, et al on June 26, 2002;
WHEREAS, in the Court's opinion the inclusion of the phrase "under God" in the Pledge of
Allegiance amounts to an official endorsement of mono-theism; and
WHEREAS, the Court held that the 1954 Act of Congress adding the reference to God in the
Pledge, and a California school district's policy of requiring teachers to lead children
in the Pledge, violate the First Amendment prohibition against the establishment of
religion; and
WHEREAS, it is the sense of the City Council that the case was wrongly decided and that, in the
words of Justice Fernandez, the dissenting justice in the case, there is only a
"miniscule risk" that the use of the phrase "under God" in the Pledge of Allegiance
"would bring about a theocracy or suppress someone's beliefs";
P
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
1. That the phrase "One Nation, under God" should remain in the Pledge of Allegiance.
2. That the Pledge of Allegiance is not a prayer or religious exercise, but rather a verbal
expression of support for the United States of America, and the reference to God reflects
the historical fact that a belief in God permeated the founding and development of this
nation.
3. That the Council recognizes the right of those who do not share the beliefs expressed in
the Pledge to refrain from its recitation.
4. That the Newdow case was wrongly decided, and is inconsistent with prior rulings that the
Pledge of Allegiance and similar expressions are not unconstitutional expressions of
religious belief,
5. That the United States Justice Department should take all necessary legal action to further
review this ruling and seek its reversal by the full Ninth Circuit on rehearing or by the
Supreme Court of the United States.
Adopted this day of
ATTEST:
City Secretary