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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 309 Agreed to Senate (ATS)]

<DOC>

117th CONGRESS
  1st Session
S. RES. 309

            Expressing support for the Pledge of Allegiance.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2021

 Mr. Braun (for himself, Mr. Barrasso, Mr. Marshall, Mrs. Hyde-Smith, 
Mr. Risch, Mr. Rubio, Mr. Scott of Florida, Mr. Lankford, Mr. Boozman, 
 Mr. Wicker, Mr. Hoeven, Mr. Scott of South Carolina, Mr. Hawley, Mr. 
Hagerty, and Mr. Rounds) submitted the following resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
            Expressing support for the Pledge of Allegiance.

Whereas the United States was founded on principles of religious freedom by the 
        Founders, many of whom were deeply religious;
Whereas the First Amendment to the Constitution of the United States embodies 
        principles intended to guarantee freedom of religion through the free 
        exercise thereof and by prohibiting the Government from establishing a 
        religion;
Whereas the Pledge of Allegiance was written by Francis Bellamy, a Baptist 
        minister, and first published in the September 8, 1892, issue of The 
        Youth's Companion;
Whereas, in 1954, Congress added the words ``under God'' to the Pledge of 
        Allegiance;
Whereas, for more than 60 years, the Pledge of Allegiance has included 
        references to the United States flag, to the United States having been 
        established as a union ``under God'', and to the United States being 
        dedicated to securing ``liberty and justice for all'';
Whereas, in 1954, Congress believed it was acting constitutionally when it 
        revised the Pledge of Allegiance;
Whereas the Senate of the 117th Congress believes that the Pledge of Allegiance 
        is a constitutional expression of patriotism;
Whereas patriotic songs, engravings on United States legal tender, and 
        engravings on Federal buildings also contain general references to 
        ``God'';
Whereas, in Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), the 
        Supreme Court of the United States overturned the decision of the United 
        States Court of Appeals for the Ninth Circuit in Newdow v. U.S. 
        Congress, 328 F.3d 466 (9th Cir. 2003), a case in which the Ninth 
        Circuit concluded that recitation of the Pledge of Allegiance by a 
        public school teacher violated the Establishment Clause of the First 
        Amendment to the Constitution of the United States;
Whereas the United States Court of Appeals for the Ninth Circuit subsequently 
        concluded that--

    (1) the previous opinion of that court in Newdow v. U.S. Congress, 328 
F.3d 466 (9th Cir. 2003) was no longer binding precedent;

    (2) case law from the Supreme Court of the United States concerning the 
Establishment Clause of the First Amendment to the Constitution of the 
United States had subsequently changed after the decision in Elk Grove 
Unified School District v. Newdow, 542 U.S. 1 (2004); and

    (3) Congress, in passing the new version of the Pledge of Allegiance, 
had established a secular purpose for the use of the term ``under God''; 
and

Whereas, in light of those conclusions, the United States Court of Appeals for 
        the Ninth Circuit upheld the recitation of the Pledge of Allegiance by 
        public school teachers: Now, therefore, be it
    Resolved, That--
            (1) the Pledge of Allegiance has been a valuable part of 
        life for the people of the United States for generations; and
            (2) the Senate strongly defends the constitutionality of 
        the Pledge of Allegiance.
                                 <all>
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