“God save the United States and this Honorable Court!” calls out
the U.S. Supreme Court Marshal at the beginning of every Supreme
Court session. The Pledge of Allegiance gives a brief mention of
God. “In God We Trust,” says the dollar bill in your pocket. The
Ten Commandments say you should have only one God, as well as
introducing other novel ideas like, “thou shalt not kill,” commit
adultery or steal.

These references to God are secular in nature. They do not
require individuals to believe in any particular god or religion.
The two references that have caused the most controversy, reciting
the Pledge of Allegiance in the classroom and having the Ten
Commandments displayed in a courtroom hallway, should be two of the
least controversial.

The Pledge of Allegiance is not forced on any student within a
classroom; it has rightfully and always will remain optional. Just
as in Alabama (and in Washington, D.C., at the U.S. Supreme Court
building) looking at or even walking past the Ten Commandments is
optional.

The historically activist and most commonly overturned 9th U.S.
Circuit Court of Appeals missed an important point when ruling the
Pledge of Allegiance unconstitutional. The District judge and 11th
U.S. Circuit Court of Appeals missed the same point — the First
Amendment applies to everyone equally. The First Amendment gives
everyone the freedom of expression and the right to choose to
believe in any religion or no religion. The First Amendment
prohibits Congress from imposing religion on any individual. The
optional reciting of the Pledge of Allegiance at the beginning of
class each morning may give students who recite the pledge a
special feeling of patriotism, but it certainly does not impose or
even endorse religion. Equally, in Alabama permitting citizens to
view the Ten Commandments in a state building does not force
individuals to believe in or obey its message (people must obey the
law, which is what the courts are supposed to be ruling on).

Both courts, particularly the court ruling on the Alabama case,
neglected the 10th Amendment, which states, “The powers not
delegated to the United States by the Constitution, nor prohibited
by it to the states, are reserved to the states respectively, or to
the people.”

In Alabama, the word “God” is found several times, notably in
the preamble of its 1901 state constitution where “Almighty God” is
invoked in the establishment of its constitution.

Yet, just as it is invoked in the establishing of the
constitution, Section 3 explicitly gives every person the right of
religious freedom. It states that “no religion shall be established
by law … no preference shall be given by law to any religious
sect, society, denomination or mode of worship … no one shall be
compelled by law to attend any place of worship … and that the
civil rights, privileges and capacities of any citizen shall not be
in any manner affected by his religious principles.”

Alabamans are religious people, but their laws do not require a
belief in God. Their laws merely allow religion to be practiced and
permit displays with some of those beliefs that most citizens of
the state believe. This includes allowing displays in public areas
provided no one is forced into looking at or even walking past such
a display.

Justice Moore was correct that the federal court overstepped its
bounds in telling Alabama what it can display in a state building
when the display does not interfere with any individual’s rights.
Article X is explicit, and this right should be delegated to the
state and the people. In Alabama, their position is quite
clear.

The First Amendment prohibits Congress from making any law
establishing a religion or prohibiting the exercise of any
religion. The fact remains we are, “One nation, under god,
indivisible, with liberty and justice for all.” This freedom needs
to be protected, and this protection extends not only to those who
do not believe in a God, but also to those of us who do.

Matt Modell ([email protected]) is a senior
majoring in journalism and political science.