The American Humanist Association (AHA) recently filed suit against the Monmouth County (New Jersey) Matawan-Aberdeen Regional School District. The offending action? The school district is following a state law providing that students recite the Pledge of Allegiance each day. The thinking behind this and other suits is the same tired thinking that any such mention of God in a public body violates constitutional protections. Usually some alleged violation of the Establishment Clause is claimed.
Yet here, the AHA and its plaintiffs (who remain anonymous) have alleged that this recitation of the Pledge violates Equal Protection provisions contained in the New Jersey Constitution. No doubt this is an attempt to test a legal pathway for success in knocking the Pledge out of public life. This would be a win for the AHA, which likely cares very little for legal integrity but very much in achieving its goal. Yet the idea that the Pledge discriminates against some students is ridiculous. Students already have the right to refrain from reciting the Pledge. The AHA and its “plaintiffs” in this case want to force everyone else to stop saying it too.
While the AHA identifies itself, the offended student and parents remain unidentified. While reasons for anonymity in litigation vary from case to case, here it is likely they are afraid of the pushback they would receive should they be known as the plaintiffs in this suit. Yet pushback would be understandable, especially when one is the catalyst for a meddling organization to come in from out of state and tell local students and their parents how to live their lives day to day.
Yet the philosophy underlying this and similar claims begs a larger discussion. As courts have interpreted the Establishment Clause to eliminate even relatively minor indicia of religious expression from public life on the grounds that such mention is state “endorsement” of religion, public bodies are left to operate in a philosophical vacuum. Courts have permitted public schools to “endorse” secularism and humanist principles. The result is an “establishment” of a “state philosophy” and orthodoxy of secularism, with the full force of the government and power of law promoting these beliefs.
As a result, the courts have bought into a lie that scrubbing God from public life to “comply” with the Establishment Clause will lead to the ideal result – an even playing field in which no one view is promoted. Yet a philosophical vacuum cannot exist for long. And since indicia of religion are being eliminated from public schools, indicia of alternative belief systems (secularism and humanism) have rushed in to fill the void. The result is that we are indeed left with a state established religion – the “religion” of humanism.