![]() ![]() ![]() 18A:36-3 (Display of and salute to flag pledge of allegiance states):Įach board of education shall require the pupils in each school in the district on every school day to salute the United States flag and repeat the following pledge of allegiance to the flag: Be mindful that Congress added the phrase “under God” to the Pledge in 1954. Pending a resolution of this issue by a Court with jurisdiction in New Jersey, the following cases are applicable to the state. New Jersey is in the Third Circuit and is not bound by decisions in other circuits. ![]() However, the phrase, “under God” did not violate the Constitution. The Seventh Circuit determined that a student could not be compelled to recite the Pledge. The Seventh Circuit in 1992 reached a different result. The Court determined that the non-custodial parent who filed the lawsuit on behalf of the minor child had no legal standing to do so. However, the decision was reversed by the entire panel of Ninth Circuit Judges on a legal technicality under California law which holds that only the custodial parent may file a lawsuit on behalf of his/her child. A three judge panel of the United States Ninth Circuit Court of Appeals recently determined that the phrase “under God” in the Pledge of Allegiance violates the First Amendment of the Constitution. ![]()
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