Last updated on: 2/26/2008 | Author:

Appeals Court Upholds Virginia Pledge

On Wednesday, Aug. 10, 2005, a federal appeals court ruled 3-0 to uphold mandatory recitation of the Pledge of Allegiance in Virginia schools.

“The federal appeals court in Richmond today [Aug. 10, 2005] upheld the Virginia law that requires public schools to lead a daily recitation of the Pledge of Allegiance.

Edward Myers of Sterling, Virginia — a father of three — claimed the law is unconstitutional. He says the reference to “one nation under God” in the pledge promotes religion.

Children in Virginia public schools are required by law to recite the pledge each day. Those opposed are allowed to stand or sit quietly. Myers says forcing them to listen still violates their rights.

But a three-judge panel of the 4th U.S. Circuit Court of Appeals disagreed, ruling that the pledge is a patriotic exercise, not an affirmation of religion similar to a prayer.

Myers’s attorney, David Remes, says the appeals court failed to examine the impact of the pledge on children in a school setting.

Aug. 10, 2005 Associated Press   

For more information on state-by-state pledge laws, visit our section on State Requirements for the Pledge of Allegiance in Schools.