Continuing what appears to be a national judicial trend, today the Supreme Judicial Court of Massachusetts affirmed a lower court's decision that the daily recitation of the pledge of allegiance in a public school does not violate art. 1 of the Massachusetts Declaration of Rights. See Doe vs. Acton Boxborough Regional School District. In a moderating and concurring opinion Justice Lenk left the door open for future challenges by noting that the "presence of the phrase "under God" in the pledge of allegiance creates a classification that is potentially cognizable under the equal rights amendment of the Massachusetts Constitution ... although not on the record in the present case. Our opinion rightly notes that recitation of the Pledge, in whole or in part, is entirely voluntary. But the logical implication of the phrase "under God" is not diminished simply because children need not say those words aloud. A reference to a supreme being, by its very nature, distinguishes between those who believe such a being exists and those whose beliefs are otherwise. This distinction creates a classification, one that is based on religion. Theists are acknowledged in the text of the pledge, whereas nontheists like the plaintiffs are excluded from that text, and are, therefore, implicitly differentiated. To be sure, as our holding makes clear, the plaintiffs here did not successfully allege that their children receive negative treatment because they opt not to recite the words "under God," or that the inclusion of that phrase in the pledge has occasioned "the creation of second-class citizens." .... Absent such a showing, the plaintiffs' claim must fail."
In a 5-4 decision this week, the US Supreme Court upheld the authority of the a city counsel to open its monthly meetings with a prayer delivered by clergy. See Town of Greece vs. Galloway. Justice Kenendy wrote the majority opinion that the practice does not violate the Establishment Clause of the US Constitution. Justices Kagan, Ginsburg, Breyer and Sotomayor dissented, arguing that the "practice does not square with the First Amendment’s promise that every citizen, irrespective of her religion, owns an equal share in her government." In other words, while US citizens have the freedom to practice any religion, we also have the right to be free from religion in our government activities.
