Download Sherman v. Community Consolidated School

A. Title – Sherman v. Community Consolidated School District of Wheeling Township
B. Court Reference – United States Court of Appeals 980 F.2d 437 (7th Cir. 1992)
C. Facts – Mr. Sherman of Illinois sued the Community Consolidated SD of Wheeling
Township for asking his son to say the Pledge of Allegiance in school. Mr. Sherman stated
that the Pledge of Allegiance, by stating “under God”, violated the Establishment Clause of
the First Amendment of the Constitution, and that the school district should not be able to
publish "The Pledge of Allegiance shall be recited each school day by pupils in elementary
educational institutions supported or maintained in whole or in part by public funds" in the
school handbook. The case was appealed from a District Court ruling and subsequently
heard by the United States Court of Appeals. Both the District Court and the U.S Court of
Appeals ruled that the Community Consolidated SD, by asking students to say the Pledge
of Allegiance did not violate the Establishment Clause of the First Amendment after
referring to the “three pronged test” originating from the case Lemon v. Kurtzman (1971).
D. Issues – Does school recitation of the Pledge of Allegiance, which states “under God”,
violate the Establishment Clause of the First Amendment right to Freedom of Religion and
Exercise?
E. Holdings – The United States Court of Appeals decided that school recitation of the
Pledge of Allegiance did not violate the First Amendment rights of public school children.
The phrase “under God” of the Pledge passed each of the three tests used to determine
constitutionality under the First Amendment.
F. Rationale – The U.S Court of Appeals referred to the Lemon v. Kurtzman (1971) “three
pronged test” and found that the Pledge of Allegiance is constitutional as it was written
with a secular and patriotic purpose, does not advance or inhibit religion, or cause
excessive entanglement of government with religion. The court also referred to West
Virginia State Board of Education v. Barnette (1943) in that as long as school districts do
not make recitation of the Pledge compulsory with stated punishment, they may carry on
freely with patriotic activities.
References
U.S Court of Appeals (1992, November 20). Sherman v. Community Consolidated School District
of Wheeling Township. The Belcher Foundation. Retrieved from
http://www.belcherfoundation.org/sherman.htm