Pledge will be recited in county schools

By Emily Richmond

Thursday, June 27, 2002 | 11:11 a.m.

Under a cloudless blue sky, more than 200 students gathered outside Kesterson Elementary School in Henderson this morning and pledged allegiance to the flag of the United States of America, one nation, under God, with liberty and justice for all.

The ritual, which takes place in some form at the start of every school day on each of the Clark County School District's 266 campuses, won't be affected by the 9th Circuit Court of Appeals ruling Wednesday that the pledge is unconstitutional, Superintendent Carlos Garcia said.

Saying the pledge is a demonstration of patriotism, not religious fervor, Garcia said Wednesday.

"After all we've gone through as a country since Sept. 11, to have this kind of ruling handed down is just ridiculous," Garcia said.

In 1999, Nevada lawmakers passed a statute that required the recitation of the Pledge of Allegiance in public schools. Bill Hoffman, general counsel for the school district, said he expected the appellate court's ruling would be challenged. In the meantime, Clark County schools will continue to follow the state statute, Hoffman said.

Allen Lichtenstein, attorney for the Nevada ACLU, said he believed the judges' ruling was legally sound and would stand.

"A student sitting in a classroom will hear their teacher, a person of authority, repeat a statement linking patriotism to some degree of religion," Lichtenstein said. "With their ruling, the judges are saying that's not the proper role for the government."

Earlier this year, Lichtenstein said he heard from several Clark County high school students and their families, who complained that students were being disciplined if they did not stand up for the Pledge of Allegiance. Once the individual principals were informed of the statutes, the situations were resolved, Lichtenstein said.

The court ruling raised hackles throughout the Silver State, including those of Las Vegas Mayor Oscar Goodman.

"It's the most outrageous decision I've ever heard in my life," said Goodman, a former criminal defense attorney. "If they're going to change things, let them change things for the better, not changing the very fabric of the way we think about ourselves. It's outrageous."

Janine Hansen, director of the conservative watchdog group Nevada Families Eagle Forum, said to ban the Pledge of Allegiance in schools would be to undermine America's heritage.

"There's more to liberty than just freedom, there's responsibility," Hansen said. "Part of that responsibility is teaching our children about our founding fathers and all they sacrificed for us. If we're ignorant of our own history, how can we truly appreciate all the gifts we've been given?"

Gov. Kenny Guinn was also taken aback by the decision, and said he doubted it would stand the test of the U.S. Supreme Court.

"There will be a hue and cry all over the nation that will send a strong message," Guinn said Wednesday.

Brother Andre LeMay, a Fransiscan friar at the Shrine of the Holy Redeemer Catholic Church in Las Vegas, said the ruling was "disheartening" and could lead to a moral breakdown in the United States. Paul Trainor, a pastor at Central Christian Church in Henderson, called the judges' decision evidence of the country's shift to a more secular society.

David Mendelson, principal of Kesterson Elementary School for 13 years, said he has yet to have a parent or student complain about the morning flag salute, which is followed by 30 seconds of silence. Per the Clark County School District's regulations, a student can opt out of the pledge but must stand quietly and not disrupt the proceedings, Mendelson said.

"It's a wonderful moment for our school community," Mendelson said. "We won't change what we do until Carlos Garcia tells us to."

At Wolff Elementary School, also in Henderson, Principal Donna Barber said each year she has a handful of students who ask not to participate, usually on religious grounds.

Barber said parents who drop off their children often stay to participate in the pledge.

In addition to the flag salute, Wolff students have taken part in other patriotic activities during the school year, including a Flag Day celebration June 14, Barber said.

"We had no complaints from parents, and a terrific level of participation," Barber said. "We have a very vocal, active community here. If someone had a problem with the saying of the Pledge of Allegiance, I'm sure they would let me know."

Sun reporters Diana Sahagun, Cy Ryan and Stephen Curran contributed to this story.