Court Petitioners are permitted by law to submit cases and challenges for the higher Courts to hear. Petitioners are required to follow proper procedure. Such procedures specify that a person's Rights must be deprived, a miscarriage of Justice be at stake, or some matter Ruled in error by a lower Court. The Petitioner CAN also exercise other remedies and Freedoms available to him - such as ask the school in question for a change in Pledge protocol, or instruct his child NOT to recite the Pledge.
Freedom of speech rights allow Petitioners to speak out on his/her arguments. In this instance, this Petitioner has been all over the news, which many could infer to be his primary objective, rather than the outcome of the Court's ruling. He is asking the Court to rule that the word "God" not be publicly recited and shared at school - to the end that the majority who wishes to - CANNOT - and that such a word deprives his children's right to religious Freedom.
The Court CAN take notice of exteraneous actions surrounding the Petition. The Court can elect not to hear a case, refer it to another Court, including a lower or even higher Court. They also decide when they will hear and rule on the matter. They can also ask for additional juducial involvement.
I don't believe there is any Constitutional law that permits the word "God" to be recited in the national Pledge. Yet, there has not been any provision specifying that it can't. However, the word "God" is used widely throughout the Constitution, branches of government, on currency, etc. The issue raised was whether students who attend "Public Schools," should be required to recite the Pledge containing the word "God" - that such recitements could be construed to violate religious Freedoms.
The Court could have chosen a number of remedies, such as students cannot be "required" to recite the Pledge, can omit the word "God," change it to "Master" or any other Word. Yet the Court's ruling requires schools to remove the word "God" or cease from reciting the Pledge on school grounds. I am unsure How the Ruling impacts school sponsored events, and even off campus.
This Petitioner may next decide that the "currency" he and others must use to purchase and share goods and services at public schools be changed for a New currency with the word "God" removed, so that he and others he may alledge a violation of religious Freedom, can exercise their Rights and Freedoms as they purchase goods and services. I actually believe this is a more Meritorious Complaints - in that no real remedy exists for those whose Rights and Freedoms may be deprived.
I can't help but wonder if that is where this CHALLENGE is headed - to eventually remove the word "God" from all public writings and recitings, including the word "GOD" from the military code and culture. This would be changing 229+ years of military culture that has enabled the United States to exist as it does today. Such would be a substantial CHALLENGE to the core values of the United States.
Stephen Dolle
Time Travelor and Interpretor
www.diaceph.com