History of the US Pledge of Allegiance and the Phrase "under God"
The following is a history of the United States' Pledge of Allegiance and some related information including court actions regarding the words "under God" in the Pledge:
George T. Balch, a New York City kindergarten teacher, writes the handbook Methods of Teaching Patriotism in the Public Schools. His campaign includes the placing of US flags in all public schools, as well as the presentation of tiny US flags to student awarded for good citizenship. He promoted the use of the flag as a tool in the Americanization of foreigners. 1990 Scot M. Guenter, PhDThe American Flag, 1777-1924
1888 Oct.
The Youth's Companion, the leading family magazine of the day with a circulation of 500,000, began a campaign to sell American flags to public schools. The magazine hoped the "Stars and Stripes [might] be hung upon the walls of every home, and of every school room in the land" so that "patriotism and love of liberty [would] be unceasingly taught." 2005 Richard J. Ellis, PhDTo The Flag
1890 Dec.
On Dec. 25, 1890, The Youth's Companion declared its ambition to see the nation commemorate the "Four Hundredth Anniversary of the Discovery of America by Columbus" by "raising the US Flag over every Public School from the Atlantic to the Pacific." 2005 Richard J. Ellis, PhDTo The Flag
1891 Apr.
"In 1891 Daniel Ford, co-owner of the Youth's Companion, hires Francis Bellamy. Bellamy had been the pastor of Boston's Bethany Baptist Church for six years but had run into difficulties with the church because of his increasingly radical economic views and heterodox religious views." Oct. 7, 2004 David Morris, PhDThe American Voice 2004: A Pocket Guide to Issues and Allegations
In Apr. 1891, Bellamy announced his resignation as pastor, and Daniel Ford, who admired Bellamy's command of language, agreed to hire Bellamy. Despite having no previous experience in publishing or business, Bellamy was assigned to work with James B. Upham in the premium department. Upham's most pressing need in the spring of 1891 was to help organize and publicize the National Public School Celebration, which was mushrooming into a vast undertaking. 2005 Richard J. Ellis, PhDTo The Flag
1892 Sep.
Bellamy writes the "Pledge of Allegiance" and a companion address for publication in the Sep. 8, 1892 issue of The Youth's Companion. The published Pledge reads:
"I Pledge allegiance to my Flag and the Republic for which it stands; one nation indivisible, with liberty and Justice for all."
Bellamy, a socialist and Baptist clergyman, writes the "Pledge of Allegiance" to "reflect the views of his cousin, Edward Bellamy, author of Looking Backward and other socialist utopian novels." Oct. 14, 2003 CNN
1892 Oct.
The Pledge first recieves national publicity through the official program of the National Public School Celebration of Columbus Day in Oct. 1892. During the Celebration it was repeated by public school pupils in every state in the Union.2005 Richard J. Ellis, PhDTo The Flag
1895
George Balch's next writing project is published one year after his death. It is described as a patriotic primer, and is focused on teaching that "the first step in learning how to govern ourselves is to learn how to obey," and recommends training "us in such habits of behavior as will best fit us to become good members of civil society and patriotic American citizens."
The primer also includes "The American Patriotic Salute," the first known organized flag salute designed for use in American public schools. (In the salute espoused in the primer, students touch first their foreheads, then their hearts, reciting together, "We give our Heads! -- and our Hearts! -- to God! and our Country!" Then, with their right arms outstretched and slightly elevated, palm down, in the direction of the flag, they state "One Country! One Language! One Flag!)" 1990 Scot M. Guenter, PhDThe American Flag, 1777-1924
1896
Patriotic fervor leading up to the Spanish-American War of 1898 spawns an informal custom for seated audiences to rise in the presence of the U.S. flag when it passes by for review. 1990 Scot M. Guenter, PhDThe American Flag, 1777-1924
1898 Apr. 22
The first flag salute statute [requiring children in government schools to recite the Pledge of Allegiance] was passed in New York in 1898 (introduced as Senate Bill 556 by New York State Senator Henry Coggeshall), the day after the United States declared war on Spain... when New York's state superintendent came to draw up the required Manual of Patriotism, he included not one but five possible "patriotic pledges" that teachers might use in their classes. One of these was Bellamy's, but it was placed fifth. 2005 Richard J. Ellis, PhDTo The Flag
World War I breaks out, triggering an unprecedented demand for flags. Between Apr. 1916 and May 1917 the price of flags increases 100 to 300 percent. Many new flag manufacturing companies are established. Flag events, such as theater productions and displays at sporting events, are designed to rile patriotic support. Business leaders join in by producing and distributing pamphlets and small handbooks celebrating the flag.
States continue adopting the Uniform Flag Law, which lead to severe penalties for citizens who do not conform to accepted demonstrations of reverence for the flag. Major league baseball begins playing "The Star Spangled Banner" at all games in support of the military.
The National Conference of Commissioners on Uniform State Laws approves a "Uniform Flag Statute," identical to the N.Y. state law (1898). The Commission is "a body of Commissioners deriving their authority by appointment of the Governor of their respective states." The "Uniform Flag Statute" contains "virtually the same provisions as… the DAR wished to see in federal legislation." 1990 Scot M. Guenter, PhDThe American Flag, 1777-1924
1918
William Norman Guthrie publishes The Religion of Old Glory which contains a non-denominational public religious ceremony celebrating the US flag.
A few prosecutions began of individuals for desecrating or insulting the flag, in violation of some state laws (Kansas). The Kansas Supreme Court rules such laws were legal. E.V. Starr is sentenced to 10 years in prison in Montana for refusing to kiss the flag. 1990 Scot M. Guenter, PhDThe American Flag, 1777-1924
1919 Mar. 13
Washington State passes the first state law requiring flag salute ceremonies.
"Every board of directors of the several school districts of this state shall procure a United States flag, which shall be be replaced with a new one whenever the same becomes tattered, torn or faded, and shall cause said flag to be displayed upon or near each public school building during school hours, except in unsuitable weather, and at such other times as to said board may seem proper, and shall cause appropriate flag exercises to be held in every school at least once in each week at which exercises the pupils shall recite the following salute to the flag: 'I pledge allegiance to my flag and to the republic for which it stands. One nation indivisible with liberty and justice for all.'"
1919 Washington State Senate Bill 93, School Code Amendments, Section 4, Laws of Washington, Chapter 90
1923
Garland W. Powell became the American Legion's Director of the Americanism Commission in 1923 and served for two years. During his time in this role the American Legion regarded Powell as, "almost entirely responsible for the formation of a National Flag Code." Nov. 14, 2005 American Legion Email to ProCon.org
Responding to the invitation of Garland W. Powell, The National Flag Conference is held on Flag Day (June 14) in Washington, D.C. It consists of representatives of 68 civic, fraternal, business, veterans, hereditary, educational, religious and labor organizations, as well as representatives of the Army and Navy. President Warren Harding addresses the group. A Flag Code is developed, which declares the flag "a living symbol of a living nation."
Bellamy's "Pledge of Allegiance" is included in the Flag Code [Title 4, United States Code, Chapter 1], although the words are amended from "I pledge allegiance to my flag" to "I pledge allegiance to the flag of the United States."
Most major American newspapers publish the Flag Code following the conference, and the American Legion distributes 300,000 copies throughout the nation. 51 additional organizations join the movement to distribute copies of the Flag Code throughout the U.S. 1990 Scot M. Guenter, PhDThe American Flag, 1777-1924
1924
The 2nd (and final) National Flag Conference is held.
The Pledge of Allegiance is amended, changing the words "I pledge allegiance to the flag of the United States" to "I pledge allegiance to the flag of the United States of America." The Pledge's original writer, Francis Bellamy, "disliked the idea, but his protest was ignored."
The Boy Scouts publish the Flag Code in their handbook. The American Legion has now distributed an estimated six million pamphlets on flag etiquette to schools, churches and public officials. In total, more than 14 million pamphlets have been distributed nationwide by various organizations.
28 states have by now accepted the Flag Code for school instruction. 1990 Scot M. Guenter, PhDThe American Flag, 1777-1924
1925
The Klu Klux Klan (with about four million followers) endorses the Flag Code, and instructs the adolescent members of its Junior Order in flag etiquette. Membership requires an oath of allegiance to the flag and the Constitution. The Klan Mar.es over 40,000 members down Pennsylvania Avenue in Washington, D.C., carrying hundreds of American flags. 1990 Scot M. Guenter, PhDThe American Flag, 1777-1924
1940 June 3
The US Supreme Court rules (8-1) in Minersville School District v. Gobitis (PDF) (62.2KB), that a local school board could expel students who refuse to recite the Pledge. "Over the next two years a wave of anti-Jehovah's Witness hysteria developed because members of this religious group refused to recite the Pledge. The Jehovah's Witnesses believed that saluting the Flag and reciting the Pledge were forbidden by the bible [Exodus, Chapt. 20]." 1992 John W. Baer, D.A., M.B.A.
1942 June 22
The U.S. Flag Code becomes law when Congress passes a joint resolution on June 22, 1942 (which was amended on Dec. 22, 1942) to become Public Law 829; Chapter 806, 77th Congress, 2nd session. Exact rules for use and display of the flag (36 U.S.C. 173-178) as well as associated sections (36 U.S.C. 171) Conduct during Playing of the National Anthem, (36 U.S.C. 172) the Pledge of Allegiance to the Flag, and Manner of Delivery were included. Oct. 14, 2003 CNN
1942 Dec. 22
Congress amends the Flag Code, substituting the original straight arm salute with the current salute of "the right hand over the heart. Congress apparently was embarrassed by the similarity between the original Flag salute and the Nazi salute."
The code now reads "The Pledge of Allegiance to the Flag... should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute. 1992 John W. Baer, D.A., M.B.A.
1943 June 14
The US Supreme Court, in West Virginia State Board of Education et al. v. Barnette et al. (PDF) (110KB), rules 6-3 that children could not be forced to say the Pledge of Allegiance in school. Justice Robert H. Jackson wrote in his opinion, "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion or force citizens to confess by word or act their faith therein." Sep. 29, 2003 Los Angeles Times
1948 Feb. 12
Louis A. Bowman, a member of the Board of Governors of the Illinois Society of the Sons of the American Revolution, and its Chaplain, leads the group in the Pledge of Allegiance with the words "under God" added. The National Society of Daughters of the American Revolution gives him an Award of Merit as "the originator of the [under God] idea." Bowman explains that the words "under God" were first used in Abraham Lincoln's Gettysburg Address. Lincoln appears to have inserted the words extemporaneously, "for they do not appear in his written draft." 1992 John W. Baer, D.A., M.B.A.
1951 Apr. 22
The organized movement for adding "under God" to the Pledge of Allegiance can be traced to a resolution adopted by the Knights of Columbus' national board of directors in Apr. 1951, at the height of the Korean War. The resolution called on all Knights to add the words "under God" to the Pledge customarily recited at the openings of local meetings. 2005 Richard J. Ellis, PhDTo The Flag
1952
Louis A. Bowman repeats his revised Pledge at several other meetings of the Sons of the American Revolution. After one meeting in 1952, member John F. McKillip writes about the "under God" addition to his former employer, the newspaper tycoon William R. Hearst, Jr. The Hearst Newspapers begin a campaign to add "under God" to the U.S. Pledge of Allegiance. 1992 John W. Baer, D.A., M.B.A.
1953
Federal legislators are lobbied by religious leaders from the Knights of Columbus, as well as the Hearst Newspapers and the American Legion, who are "worried that orations used by 'godless communists' sound similar to the Pledge of Allegiance." A bill to add "under God" to the Pledge of Allegiance is introduced in the House by Rep. Louis Rabaut (D-MI), and in the Senate from Sen. Homer Ferguson (R-MI). Sep. 29 2003, Los Angeles Times
1954 June 14
Congress considers three variations of the "under God" phrase:
"One Nation under God,"
"One Nation, under God," and
"One Nation indivisible under God."
Congress accepts variation #1 based on a recommendation from the Library of Congress, which states, "Since the basic idea is a Nation founded on a belief in God, there would seem to be no reason for the comma after Nation." 1992 John W. Baer, DA, MBA.
The words "under God" are inserted into the Pledge. The legislation is supported by President Dwight D. Eisenhower, "fearing an atomic war between the U.S. and the Soviet Union," who signs the bill. President Eisenhower says: "In this way we are reaffirming the transcendence of religious faith in America's heritage and future; in this way we shall constantly strengthen those spiritual weapons which forever will be our country's most powerful resource in peace and war." The new Pledge reads:
"I Pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
The US Supreme Court in Abington v. Schempp ruled 8-1 that government mandated Bible reading in public schools was unconstitutional.
"The reference to divinity in the revised pledge of allegiance, for example, may merely recognize the historical fact that our Nation was believed to have been founded 'under God.' Thus reciting the pledge may be no more of a religious exercise than the reading aloud of Lincoln's Gettysburg Address, which contains an allusion to the same historical fact." (Id. at 303-04 -- Brennan, J., concurring)
The US Supreme Court in Marsh v. Chambers ruled 6-3 that sessions of the Nebraska state legislature could begin with a prayer given by a publicly funded chaplain because, over time, the practice had become a communication of shared values rather than a decidedly religious practice. Justice William J. Brennan repeated his conviction that the phrase "under God" in the Pledge of Allegiance did not violate the Establishment Clause because those words "have lost any true religious significance." (ID. at 818 -- Brennan, J., dissenting) July 5, 1983 United States Supreme Court
1984 Mar. 5
The US Supreme Court in Lynch v. Donnelly ruled 5-4 that the city of Pawtucket in Rhode Island could continue to display a nativity scene as part of its Christmas display. In this decision, the Court refused to take an absolutist stance regarding the Establishment Clause. Each case is to be independently checked to determine whether the intent is secular or religious. Religion in general may be advanced by the government in some cases so long as there is no administrative entanglement with religion. The Court listed many examples of our "Government's acknowledgment of our religious heritage," and included Congress' addition of the words "under God" in the Pledge of Allegiance. (Id. at 676-77) Mar. 5, 1984 United States Supreme Court
1985 June 4
The US Supreme Court in Wallace v. Jaffree ruled 6-3 to invalidate Alabama's moment of silence statute. Justice Sandra Day O'Connor responded that the inclusion of the words "under God" in the Pledge is not unconstitutional because they "serve as an acknowledgment of religion with the legitimate secular purpose of solemnizing public occasions, and expressing confidence in the future." (Id. at 78 n.5 -- O'Connor, J., concurring) June 4, 1985 United States Supreme Court
1988 Sep. 13
Sonny Montgomery (D-MS) became the first Congressman to lead the US House in citing the Pledge of Allegiance as a permanent part of its daily business operations.
Presidential politics in 1988 precipitated the practice of reciting the Pledge of Allegiance in the House. At the time, the controversy found its way onto the House floor, but Senators largely ignored it. During the 1988 campaign, candidate George Bush criticized candidate Michael Dukakis for his veto of a Massachusetts state bill to require the Pledge of Allegiance in all public schools in that state. House Republicans (then in the minority) surprised their chamber by offering a privileged resolution to require that each House day commence with the Pledge.
Then-Speaker Jim Wright (D-TX) came to the floor and chastised Republicans for using the Pledge of Allegiance to make a partisan point, saying, "I think it is very important that all of us recognize that the Pledge of Allegiance to the flag is something intended to unite us, not intended to divide us." However, with electoral sensitivities in mind, Speaker Wright then went on to announce he would call upon the chairman of the House Veterans' Committee, Sonny Montgomery (D-MS), to offer the Pledge when the House next met. May 19, 2000 C-SPAN
1989 July 3
The US Supreme Court in Allegheny County v. ACLU ruled 5-4 (to strike) on the display of a creche at a courthouse and 6 to 3 (to uphold) on the display of a menorah at a county building. Justice Kennedy, in his dissent, said "It would border on sophistry to suggest that the 'reasonable' atheist would not feel less than a 'full member of the political community' every time his fellow Americans recited the Pledge." (Id. at 673) July 3, 1989, United States Supreme Court
1992 Jan. 24
The US Illinois Seventh Circuit Court of Appeals, in Sherman v. Community Consolidated School District 21, (filed 1988), ruled against plaintiff Robert Sherman, concluding that "that schools may lead the Pledge of Allegiance daily, so long as pupils are free not to participate." Jan. 24, 1992, Sherman v. Community Consolidated School District 21 (60KB)
1992 June 24
The US Supreme Court in Lee v. Weisman ruled 5-4 that prayers during school graduation violated the Establishment Clause. This case struck down a graduation prayer while implicitly approving the student's recitation of the Pledge of Allegiance prior to the prayer. June 24, 1992 United States Supreme Court
1999 June 24
Sen. Bob Smith (I-NH), who introduced a resolution (S.Res. 113) to begin reciting the Pledge in the Senate. The resolution to amend the Standing Rules of the Senate and institute a daily Pledge was adopted by the unanimous consent of the Senate on June 23, 1999. The Pledge of Allegiance will be recited daily in the Senate by its Presiding Officer, or another Senator designated for that purpose. May 19, 2000 C-SPAN
2001 Mar. 14
Michael A. Newdow, an unemployed emergency room physician who also earned a law degree from the University of Michigan, files a lawsuit, arguing that having the words "under God" in the Pledge of Allegiance was unconstitutional. Sep. 29, 2003 Los Angeles Times
"A panel of Ninth Circuit judges holds [in a 2-1 decision] that the phrase 'under God' violates the First Amendment's prohibition of government sponsorship of religion."
Judges:
Alfred T. Goodwin - Opinion [Appointed by: President Nixon, 1971]
Stephen Reinhardt - Concur [Appointed by: President Carter, 1980]
Ferdinand F. Fernandez - Partial Concurrence and Partial Dissent [Appointed by: President Bush, 1989]
The majority opinion by Judge Alfred T. Goodwin states
"no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therin. The Pledge, as currently codified, is an impermissible government endorsement of religion because it sends a message to unbelievers 'that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community.'"
The US Justice department files an appeal with the US 9th Circuit. The appeal "requests an 'en banc' rehearing before the 9th Circuit Court of Appeals, meaning that an 11-judge panel is asked to consider the case as opposed to the [only] three judge panel that issued a 2-1 ruling." Aug. 9, 2002 CNN
2002 Oct. 30
US President [George W.] Bush signs a bill "reaffirming -- with a slap at the U.S. 9th Circuit Court of Appeals -- references to God in the Pledge of Allegiance and the national motto." The bill is approved unanimously in the Senate, with only five "no" votes in the House. The bill is, in effect, a show of support, and carries no legal weight. Nov. 2, 2002 Los Angeles Times
2003 Feb. 28
The 9th Circuit Court of Appeals "rejected the Bush administration's request to reconsider its decision en banc that the Pledge of Allegiance is unconstitutional because of the phrase 'under God.'" Feb. 28, 2003 CNN
2003 Mar. 4
9th Circuit Court of Appeals Judge Alfred T. Goodwin, a President Richard Nixon appointee, "issued a 90-day stay, which allows schoolchildren in nine Western states to continue reciting the [under God] Pledge, pending a decision by the Supreme Court on whether it will review the case." Mar. 5, 2003 Los Angeles Times
Senate Resolution 71 expressing support for the Pledge of Allegiance passed by the vote 94-0.
2003 May 20
House Resolution 132 expressing the sense of the House of Representatives that the Ninth Circuit Court of Appeals ruling in Newdow v. United States Congress is inconsistent with the Supreme Court's interpretation of the first amendment and should be overturned, passed by a vote of 400-7.
2003 Oct. 14
The U.S. Supreme Court agrees to hear the case, and "arguments in the case will be heard next year, with a ruling expected by June." Oct. 15, 2003 CNN
2004 June 14
"The Supreme Court at least temporarily preserved the phrase 'one nation, under God,' in the Pledge of Allegiance, ruling [June 14, 2004] that a California atheist could not challenge the patriotic oath while sidestepping the broader question of separation of church and state.
The court said the atheist could not sue to ban the pledge from his daughter's school and others because he did not have legal authority to speak for her." June 14, 2004 Associated Press
The United States House of Representatives voted 247-173 to pass the Pledge Protection Act 2004 (H.R. 2028). The introductory language of the bill states that its purpose is:
"To amend title 28, United States Code, with respect to the jurisdiction of Federal courts over certain cases and controversies involving the Pledge of Allegiance." It did not pass the Senate.
2005 Jan. 6
Michael A. Newdow, the atheist who sued because he did not want his young daughter exposed to the words "under God" in the Pledge of Allegiance, files another lawsuit -- this time with other parents. Jan. 6, 2005 CNN
Federal Judge Lawrence Karlton of the Eastern District of California ruled in favor of Michael Newdow that it was unconstitutional to recite the Pledge of Allegiance in public schools because of its inclusion of the phrase "under God." Sep. 14, 2005 Associated Press
2005 Sep. 29
House Concurrent Resolution 245 expressing the sense of Congress that the United States Supreme Court should speedily find the use of the Pledge of Allegiance in schools to be consistent with the Constitution of the United States passed 383-31.
2005 Nov-Dec.
The Becket Fund for Religious Liberty, Rio Linda Union School District, and the United States of America filed appeals to the US Court of Appeals for the 9th Circuit against Judge Lawrence Karton's decision favoring Michal Newdow in Newdow et al. v. US Congress.
2006 July 19
Pledge Protection Act 2005 (H.R. 2389) that would amend title 28, United States Code, with respect to the jurisdiction of Federal courts over certain cases and controversies involving the Pledge of Allegiance, passed 260-167.
The bill was introduced to the Senate as S.1046 but the 109th Congress (2006-2007) never voted on the issue.
2006 Dec. 7
Oral arguments for Newdow et al. v. US Congress took place in front of a three-judge panel at the US Court of Appeals for the 9th Circuit in San Francisco, CA. The three judges to hear the case were Dorothy W. Nelson, Stephen Reinhardt and Carlos T. Bea.
2007 Jan. 29
Representative Todd Akin (R-MO) introduces the 2007 Pledge Protection Act (H. R. 699) to the first session of the 110th Congress. The bill is referred to the House Committee on the Judiciary, and then to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties, where, as of Apr. 19, 2007, it awaits review.
(PDF) (62.2KB), that a local school board could expel students who refuse to recite the Pledge. "Over the next two years a wave of anti-Jehovah's Witness hysteria developed because members of this religious group refused to recite the Pledge. The Jehovah's Witnesses believed that saluting the Flag and reciting the Pledge were forbidden by the bible [