Freedom From Religion Foundation v. Hanover School District
2010 U.S. App. LEXIS 23487, 626 F.3d 1, 2010 WL 4540588 (2010)
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Rule of Law:
A state law requiring public schools to authorize a period for the voluntary recitation of the Pledge of Allegiance, including the phrase 'under God,' does not violate the Establishment, Free Exercise, Equal Protection, or Due Process Clauses of the U.S. Constitution.
Facts:
- Plaintiffs are The Freedom From Religion Foundation, Jan and Pat Doe, who are atheist and agnostic, and their three children attending public schools in New Hampshire.
- In 2002, New Hampshire enacted the 'New Hampshire School Patriot Act.'
- The Act requires that public school districts authorize a period of time during the school day for the recitation of the Pledge of Allegiance.
- The Act explicitly states that student participation in the Pledge recitation must be voluntary.
- The Act allows non-participating students to silently stand or remain seated, but requires them to respect the rights of those participating.
- In the Doe children's classrooms, teachers lead the daily recitation of the Pledge of Allegiance containing the phrase 'under God.'
Procedural Posture:
- The Freedom From Religion Foundation (FFRF) filed a lawsuit against the Hanover and Dresden School Districts in the U.S. District Court for the District of New Hampshire.
- The State of New Hampshire, the United States, and a group of students and parents intervened as defendants.
- The district court granted a motion to dismiss the claims against the federal defendants.
- FFRF filed an amended complaint, naming only the School Districts as defendants.
- The district court dismissed all of FFRF's federal claims on their merits and entered a final judgment for the defendants.
- FFRF, as appellant, filed a timely notice of appeal to the U.S. Court of Appeals for the First Circuit, challenging the dismissal of its claims against the School Districts, as appellees.
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Issue:
Does a state law that requires public schools to authorize a period of time during the school day for students to voluntarily participate in the recitation of the Pledge of Allegiance, which includes the phrase 'under God,' violate the First and Fourteenth Amendments?
Opinions:
Majority - Lynch, Chief Judge
No, the New Hampshire law does not violate the First and Fourteenth Amendments. A state statute authorizing voluntary recitation of the Pledge of Allegiance is constitutional because its primary purpose and effect are patriotic, not religious, and it does not coerce religious belief or endorse a particular faith. Under the Lemon test, the statute has a secular purpose of promoting patriotism, and its primary effect is not the advancement of religion. Under the endorsement test, an objective observer would understand the Pledge as a patriotic exercise, not a state endorsement of religion, particularly because non-participation can be for various non-religious reasons. Finally, under the coercion test from Lee v. Weisman, the practice is not coercive because reciting the Pledge is a patriotic, not a formal religious exercise, and unlike the prayer in Lee, remaining silent during the Pledge constitutes overt non-participation rather than implied participation.
Analysis:
This decision reinforces the constitutionality of voluntary, teacher-led recitations of the Pledge of Allegiance in public schools, aligning the First Circuit with other federal circuits. The court's analysis emphasizes that context and voluntariness are key factors that can render an activity with religious content constitutional under the Establishment Clause. By distinguishing the patriotic nature of the Pledge from inherently religious activities like prayer, the ruling solidifies the legal status of 'ceremonial deism' and makes it more difficult to challenge such practices, so long as participation is not compelled.
