Parents and teachers criticized a lawsuit filed against their New Jersey school district that objects to the use of the words "under God" in the Pledge of Allegiance recited by their children.
The American Humanist Association (AHA) announced the lawsuit the day after Easter. The group filed it on behalf of a local family in Monmouth County who wished to remain anonymous.
The suit claims the use of the words "under God" in the daily recitation of the Pledge of Allegiance are discriminatory to atheist children and their families.
The school district claims it is just abiding by the state’s statute.
Superintendent David Healy, when asked for comment, sent a prepared statement from the school district’s general counsel David Rubin, who said the district is "merely abiding by a state statute, on the books for many years, mandating the recitation of the pledge in all school districts."
"The complaint does not claim that the student involved here was required to take part in the Pledge, but asserts that even allowing others to recite it violates this student’s rights," Rubin said.
Several parents escorting their children to one school in the Matawan-Aberdeen Regional School District told the Washington Free Beacon on Wednesday morning the lawsuit filed against the school district is "ridiculous" and without merit.
"It’s not mandated, you have the option of not participating," said Deborah Hvizdos, whose son is an honor student at the middle school. She said the lawsuit is "utterly ridiculous."
Hvizdos said the suit was the subject of the family’s dinner conversation on Tuesday night. Her son, 11, feels it is "your right" to say the pledge with the words "under God" and it is optional, according to Hvizdos.
"The lawsuit seems a bit trivial," said Diana Rosario, whose daughter is a kindergartener. "I understand why some parents might be upset. The resources could be diverted somewhere else."
Rosario explained that she is not religious, but has said the pledge all her life. "It doesn’t offend me," she said.
"I think it’s ridiculous because no one is forcing them to say the pledge," said one teacher who also asked for her name to be withheld and has three children in the school district. "The child has the option to sit quietly throughout the pledge, he doesn’t even have to stand up." She indicated that she believed this suit is not "going anywhere," as it has been tested and retested in the courts.
Rubin pointed out the complaint "also does not challenge the pledge under the U.S. Constitution, where the plaintiffs know they will not prevail, but only under the state constitution, which the plaintiffs hope the New Jersey Courts will interpret more broadly."
Federal courts have repeatedly approved of the references to God in the Pledge of Allegiance; the latest ruling handed down in 2010.
The AHA’s case should be directed at the state, instead of the Matawan-Aberdeen School District, which will now be forced to divert resources from educating its students to defending this case, Rubin said.
AHA’s attorney David Niose was asked to comment on Rubin’s claim that the school district should not be the target of the suit, but the issue should be argued at the state level. He sent the following email statement and asked that it be published in full:
The courts are the proper place to challenge unconstitutional laws, especially laws that discriminate against minorities. The school district is responsible for carrying out the law by conducting the daily patriotic exercise that discriminates against atheists and humanists, so therefore the appropriate legal step is to seek a declaration and injunction prohibiting the exercise.
The Matawan-Aberdeen School District serves students from two neighboring towns, Matawan Borough and Aberdeen Township. The suit could impact the more than 3,800 students who attend pre-kindergarten to high school.