The district court, applying the three part test of Lemon v. Kurtzman, 403 U.S. 602 (1971), upheld the Recitation Statute, concluding that the statute did not have a religious purpose or effect and did not create an excessive governmental entanglement with religion. Because the Pledge is not a religious exercise and does not threaten an establishment of religion, we affirm.Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.
Pledge recital ruling [4th Circuit]
Myers v. Loundoun County Public Schools, United States Court of Appeals for the Fourth Circuit, August 10, 2005 [ruling upholding a Virginia law requiring daily recital of the Pledge of Allegiance in Virginia public schools]. Excerpt:
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