Published: September 07, 2007 05:31 pm         

Texas Pledge Upheld, So Far. . .

Last legislative session the Texas pledge got a little longer…we are now “One state, under God,” just like the national pledge of allegiance states. But, to no surprise to many, self-proclaimed atheists have already begun a legal battle to have these words removed.

Last month David Croft, and his wife Shannon, filed a lawsuit on behalf of their children, seeking an injunction in federal court to stop the new pledge from being recited. The Crofts have been waging similar legal crusades for years against the state and their children’s school district, Carrolton-Farmers Branch, in North Texas. They have rarely been successful, but in spite of the law, court precedent, and common sense, they proceed while racking up legal bills all at taxpayer expense. Their latest pursuit to stop the new pledge also failed when their request for an injunction was denied.

Regardless of how misguided the Crofts are in their legal pursuits, it is still necessary for schools and the state to take time and money to defend the Constitution and the laws our elected officials have passed. Take for example the minute of silence given to children before the start of each school day. Despite numerous court cases across the country, including an opinion by the U.S. Supreme Court that clearly allows for moments of silence, the Crofts are also challenging this Texas law in federal court – let the hourly billing begin!

The Crofts are also incurring legal fees with their own attorney, Dean Cook. In a recent debut in front of Federal District Judge Kinkeade, Mr. Cook quoted the infamous 9th Circuit case that ruled the Pledge of Allegiance was unconstitutional. The Crofts might be asking for a refund of fees, since it was this case that brought Michael Newdow before the U.S. Supreme Court, where they rightly reversed the 9th Circuit.

Mr. Cook also argued that allowing the children to leave the room while the pledge was being recited, if they so desired, was tantamount to a “temporary jail.” Could we perhaps open a temporary jail for individuals who pilfer the taxpayer coffers under the guise of the law?

As Texas Attorney General Greg Abbott wrote in a recent editorial:

America’s founders crafted the First Amendment to guarantee the individual’s right to believe or not to believe in God, but that protection for the individual does not banish God from the public square. Quite the contrary, U.S. and Texas history clearly shows the founders seeking Divine guidance as they fashioned our system of government. And they publicly acknowledged that influence at every turn. Right here in Texas, as our forefathers began their fight for independence, their open acknowledgement of the Almighty echoed across Washington-on-the-Brazos. When Sam Houston and his brave companions declared their independence from Mexico, they invoked “the Almighty” and “the true and living God.” They closed the 1836 Declaration of Independence by “fearlessly and confidently” committing their fates to “the Supreme arbiter of the destinies of nations.” Forty years later, the writers of the Texas Constitution began by “humbly invoking the blessing of Almighty God.” With such a clear record of reliance on Providence, it should come as no great surprise or offense to acknowledge God in our state pledge.

As I have argued in speeches and past editorials, the Establishment Clause in the U.S. Constitution clearly provides for the freedom OF religion, not freedom FROM religion. And unlike the atheists so desire, religion should never be banished from the public square. But without leaders like General Abbott and others, our religious freedoms could be further eroded by the courts. As President Reagan reminded us, “Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.”

Gina Parker Ford -CEO of Dental Creations, Ltd., a dental manufacturing company, and a successful attorney - is the National Eagle Forum Chairman for Judicial Reform. Mrs. Ford also served as a Bush and Perry appointee to the Texas Department of Licensing and Regulation. She serves on the American Family Radio Advisory Board (Texas), and she was both the former Republican Party of Texas Treasurer and Associate General Counsel. For more information, please visit www.ginaparker.net.