Justice Thomas in Newdow

[JMHACLJ at aol.com]

In a message dated 6/18/2004 3:26:39 AM Eastern Daylight Time, 
EDarr1776 at aol.com writes:
I'm still looking for the process by which any kid in the Elk Grove school 
district in California can opt out of this state- and district-required 
exercise, short of suing.  Is there really such an opt-out provision in California?
And I"m still looking for the process by which an objecting student can opt 
out of "let's pretend to be a __________" this week.  (The case involved 
instruction about Islam, but of course, the same problem is presented by every "Lets 
pretend" lesson.)

Actually, with respect to the pledge, I thought that flag salutes could not 
be compulsory against conscientious objection since as long ago as Barnette, 
but perhaps the Supreme Court retrenched and I missed that case.  If Ed's point 
is that persons who have no conscientious basis for objecting to the pledge 
CAN be required to recite it, I suppose he's right about that.  But I'm left to 
shrug my shoulders and give a constitution-bound sigh.

Jim Henderson
Senior Counsel
ACLJ
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