III 

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; 


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•SRES 309 ATS 

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 


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•SRES 309 ATS 

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 

1 Resolved, That— 

2 (1) the Pledge of Allegiance has been a valuable 

3 part of life for the people of the United States for 

4 generations; and 

5 (2) the Senate strongly defends the constitu6 tionality of the Pledge of Allegiance. 

Æ 


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