Under God or Not?
| Published 10/01/04

Graphic by: Ande Hearn

In a heated emotional session, the House of Representatives passed a bill designed to prevent the Supreme Court from removing the phrase, "Under God," from the Pledge of Allegiance. Following the Supreme Court's June ruling that avoided any such ruling, the House voted Thursday 247-143 to preemptively restrict any future ruling of the high court. In its June ruling, the Supreme Court dismissed a 2002 federal court decision on the basis of a technicality which left the issue largely unresolved. In this highly partisan issue, 34 Democrats broke ranks to vote for the bill and six Republicans cast their ballots against.

The main post vote contention is what, if any, power this bill actually has. The problem with these types of bills is that they are passed primarily to make an ideological point. By holding such a popular and divisive vote close to the election, candidates will use their opponent's votes as campaign ammunition. By calling out a Congress person's vote against a bill that a majority of Americans support, the proponent is able to play to the emotions of their constituents.

In addition, this Bill has potential legal ramifications. The only law that the Supreme Court will honor is the Constitution. Until an amendment is made to the Constitution, the high court is under no obligation to honor the new bill. This bill holds major similarity to the 1996 DOMA. This bill against the recognition of homosexual marriage passed the Senate 85-14 and was signed by President Clinton.  Such laws are passed when legislators feel it is necessary to take a moral stand because without said legislation these Congress persons are powerless.

The key to this matter is understanding who has the power. If the Supreme Court refuses to honor this federal legislation, the people will be heard. Legislators have the power to draft and pass amendments when the people speak. In a 2004 Zogby Poll on Sept. 20, only 19% of Americans supported gay marriage. The real question is will these legislators do what a majority of Americans dictate or will they vote according to their own stances.