Summary
The Massachusetts Supreme Judicial Court held that the voluntary recitation of the Pledge of Allegiance, including the words “under God,” in public schools does not violate the Massachusetts Constitution’s equal protection provision or G. L. c. 76, § 5. The court concluded that students are not required to participate and that the practice creates no discriminatory classification based on religion. It further held that feelings of stigma or exclusion, without differential treatment, are not cognizable equal protection injuries under art. 106.
Topics
Practice areas
Questions Presented
- Whether the voluntary daily recitation of the Pledge of Allegiance, including the words "under God," creates a religious classification or otherwise violates the plaintiffs' equal protection rights under art. 1 of the Massachusetts Declaration of Rights as amended by art. 106.
- Whether the voluntary recitation of the Pledge of Allegiance violates G. L. c. 76, § 5, which prohibits discrimination in Massachusetts public school education.
- Whether the plaintiffs' alleged feelings of stigma, exclusion, or marginalization, without unequal treatment, denial of a benefit, penalty, or interference with a legal right, are actionable under art. 106.
Holdings
- The voluntary recitation of the Pledge of Allegiance, including the words "under God," does not create a classification or differing treatment based on religion, creed, or any other classification enumerated in art. 106. Because all students are offered the same choice to participate or abstain, the practice does not violate the Massachusetts Constitution's equal protection guarantee.
- The feeling of stigma, rejection, or exclusion allegedly arising from the State's uniform implementation of a voluntary program that conflicts with an individual's religious beliefs is not actionable under art. 106 when the program is not shown to violate the First Amendment or cognate Massachusetts constitutional provisions and does not impose unequal treatment, a penalty, or denial of a legal benefit.
- No Massachusetts public school student is legally required to recite the Pledge of Allegiance or participate in the ceremony. Students may recite all, part, or none of the pledge, for any reason or no reason, without punishment.
- The voluntary recitation of the Pledge of Allegiance does not violate G. L. c. 76, § 5, because it does not exclude or discriminate against students in obtaining the advantages, privileges, or courses of study of a public school.
Key quotations
“We hold that the recitation of the pledge, which is entirely voluntary, violates neither the Constitution nor the statute.” (at 64)
“Recitation of the pledge is entirely optional. Students are free, for any reason or for no reason at all, to recite it in its entirety, not recite it at all, or recite or decline to recite any part of it they choose, without fear of punishment.” (at 74)
“We hold only that the very limited type of “stigma” alleged in this case ■— the feeling of rejection or exclusion arising from the State’s uniform implementation of a voluntary program or activity that is antithetical to one’s religious beliefs but which is not shown to violate the First Amendment or cognate provisions of the Massachusetts Constitution — is not actionable.” (at 80-81)
“Patriotism is not a legal status or benefit that is conferred or withheld by the State, and it is certainly not limited to those who recite the pledge in its entirety.” (at 84)
Factual background
The defendants' public schools conducted a daily recitation of the Pledge of Allegiance, including the words "under God," pursuant to G. L. c. 71, § 69. School administrators did not require students or teachers to participate, and participation was described as entirely voluntary, without punishment or recrimination for abstention. The plaintiffs and their children are atheists and Humanists; the children sometimes participated in the ceremony but generally did not recite the words "under God." The summary judgment record contained no evidence that the children had been punished, bullied, criticized, ostracized, or otherwise treated differently because of their nonparticipation or partial participation.
Procedural history
The plaintiffs challenged the daily recitation of the Pledge of Allegiance in Acton and Acton-Boxborough public schools, alleging violations of the Massachusetts Constitution and G. L. c. 76, § 5. All parties moved for summary judgment. The Superior Court granted summary judgment to the defendants and interveners and denied the plaintiffs' motion. The plaintiffs appealed, and the Supreme Judicial Court granted direct appellate review.