Vinewood Elementary School students recite the Pledge of Alligence on Wednesday during a celebration of the "Star-Spangled Banner." A federal judge declared the pledge unconstitutional in public schools Wednesday. It was the second attempt by Sacramento atheist Michael Newdow to have the pledge removed from classrooms. (Jennifer M. Howell/News-Sentinel)

Judge: No pledge in schools

Although a federal judge ruled Wednesday that reciting the Pledge of Allegiance in public is unconstitutional, most local schools will continue to uphold the age-old tradition of saying the pledge, in addition to making other patriotic expressions.

In granting legal standing to two families represented by an atheist who lost his previous battle before the U.S. Supreme Court, Judge Lawrence Karlton ruled that the pledge's reference to one nation "under God" violates school children's right to be "free from a coercive requirement to affirm God."

Feelings are mixed among school officials about what the latest ruling means for students and the lessons they learn in the classroom. Some showed support for the decision, while others declared that schools will not be silenced until forced by law to do so.

Galt Superintendent Jeff Jennings said elementary and middle school students will continue to hear the pledge read over the intercom or on in-class TV channels.

"It's part of our culture," Jennings said of the pledge. "We have no plans right now to change the culture of our school day."

Lodi Unified Superintendent Bill Huyett echoed Jennings, saying that Lodi Unified students will continue reciting the phrase "under God" until they are barred, by law, from doing so.

In making the Wednesday decision, Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of.

Newdow, an Elk Grove attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Newdow, reached by phone, was not immediately prepared to comment.

Restraining order to be signed

Karlton said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts in Sacramento County, where the plaintiffs' children attend.

The order, however, would not extend beyond those districts unless it is affirmed by the 9th Circuit, in which case it could apply to nine western states, or the Supreme Court, which would apply to all states.

Huyett said Wednesday afternoon that district policy states schools must participate in regular patriotic observance. In many cases, that means reciting the pledge.

"We encourage our schools to say the Pledge of Allegiance on a daily basis," he said.

Students who do not wish to participate in the activity are allowed to refrain and are not to be singled out for doing so, the superintendent added.

The ruling comes as local schools are gearing up to observe a federally mandated "Constitution Day," where many students will likely do so by reciting the now unconstitutional Pledge of Allegiance, officials say.

Lodi Middle School will honor the holiday by having a flag ceremony at the end of the school day, according to eighth-grade teacher Carlos Villafana.

Surprised by decision

Villafana heard about Karlton's decision on the radio right before a staff meeting. When he told his co-workers about it, they were shocked.

"Everybody said, 'What? You're kidding!" the teacher said.

Lodi Middle teachers are left to wonder whether the pledge will be part of their Friday ceremony. Villafana called the timing of the court ruling "ironic."

At the high school level, many students are allowed to choose for themselves whether they wish to partake in the daily morning ritual of the Pledge of Allegiance.

Lodi High U.S. and World History teacher Cat Ricketts said she does not personally believe in many of the tenets of the pledge and gives her third-period students the option to salute the flag or not. Some years, a majority of her students join in. This year, they do not.

"I have a responsibility to see that the people who choose to do so have that opportunity," the teacher added.

Meanwhile, the Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court.

Until then, Huyett said, school officials will wait for the matter to move its way up through the proper legal channels, which could change the ultimate ruling.

The decisions by Karlton and the 9th Circuit conflict with an August opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Va. That court upheld a Virginia law requiring public schools lead daily Pledge of Allegiance recitation, which is similar to the requirement in California.

'I'm not saying it'

A three-judge panel of that circuit ruled that the pledge is a patriotic exercise, not a religious affirmation similar to a prayer.

"Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to assert that the words 'under God' contain no religious significance," Judge Karen Williams wrote for the 4th Circuit. "The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity."

In Lodi, Ricketts said she sees more problems with the Pledge of Allegiance than just the reference to God.

"I don't believe we've achieved liberty and justice for all," the Lodi High history teacher said, referring to the last line of the pledge. "Until we've achieved it, I'm not saying it."

Though Huyett showed a strong support for the tradition of reciting the historic pledge, he said the issue is a healthy exercise in the Democratic process.

"Our Constitution is a living, breathing thing," he said of its ability to change and grow. "Things like this just make it more vital."

The Associated Press contributed to this report.

Contact reporter Sara Cardine at sarac@lodinews.com.