American Humanist Ass'n v. Matawan-Aberdeen Regional School District

115 A.3d 292, 440 N.J. Super. 582, 2015 N.J. Super. LEXIS 73
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 4, 2015
StatusPublished
Cited by2 cases

This text of 115 A.3d 292 (American Humanist Ass'n v. Matawan-Aberdeen Regional School District) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Humanist Ass'n v. Matawan-Aberdeen Regional School District, 115 A.3d 292, 440 N.J. Super. 582, 2015 N.J. Super. LEXIS 73 (N.J. Ct. App. 2015).

Opinion

BAUMAN, P.J. Cv.

The preamble to the New Jersey Constitution provides: “We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution.” Plaintiffs John Doe and Jane Doe (“Does”), individually and as parents of Doe child, are avowed atheists who, joined by plaintiff American Humanist Association (“AHA”), filed a complaint alleging that defendants Matawan-Aberdeen Kegional School District (“school district”) and its Superintendent of Schools, David M. Healy1 vio[586]*586lated the Does’ equal protection rights under the New Jersey Constitution by following the mandates of a state statute “re-quirting] the pupils in each school in the district on every school day to salute the United States flag and repeat the ... pledge of allegiance to the flag....” N.J.S.A. 18A:36-3.2 The school district has moved to dismiss the complaint for failure to state a claim on which relief can be granted. The court, for the reasons that follow, grants the motion.

I. Background

The Does are atheists and humanists who “do not accept the existence of any type of God or gods.” The Does are the parents of Doe child3 who attends a public school in the school district, where the pledge of allegiance (“pledge”) is recited by children every school day. Plaintiffs maintain that Doe child’s humanist beliefs do not allow him to participate fully in the pledge and that Doe child feels excluded from the other children when the pledge is recited. Moreover, plaintiffs argue that by including the language “under God” in the pledge, New Jersey is defining patriotism in terms of God-belief and is ignoring the non-theistic beliefs of atheists.

[587]*587The Does are members of the AHA and other national and local humanist and atheist organizations. AHA espouses humanism, which “encompasses a variety of nontheistic views (atheism, agnosticism, rationalism, naturalism, secularism) while adding the important element of a comprehensive worldview and set of ethical values — values that are grounded in the philosophy of the Enlightenment, informed by scientific knowledge, and driven by a desire to meet the needs of people in the here and now.” AHA joins the Doe family in challenging New Jersey’s pledge statute because the organization is devoted to “promot[ing] Humanism and defending] the rights of Humanists and other non-theistic individuals.” The American Legion, the American Legion Department of New Jersey, the American Legion Matawan Post 176, the Jones family, and the Knights of Columbus have been granted leave to intervene in this action.

The United States Congress officially adopted the pledge of allegiance in 1942 during World War II, “confirming] the importance of the flag as a symbol of our nation’s indivisibility and commitment to the concept of liberty.” Elk Grove Unified, Sch. Dist. v. Newdow, 542 U.S. 1, 6-7, 124 S.Ct. 2301, 2305, 159 L.Ed.2d 98, 105-06 (2004). At that time, the text of the pledge provided “I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation indivisible, with liberty and justice for all.” Ibid. Congress amended the text in 1954, during the Cold War, to include the language “under God.” Ibid. The House Report on that amendment reflects Congress’s intent to underscore that political authority comes from God. The Report states:

From the time of our earliest history our peoples and our institutions have reflected the traditional concept that our Nation was founded on a fundamental belief in God---- Since our flag is symbolic of our Nation, its constitutional government and the morality of our people, the committee believes it most appropriate that the concept of God be included in the recitations of the pledge of allegiance to the flag.
[H.R. Rep. No. 83-1693, at 1-2 (1954).]

However, the House Report makes clear that the addition of the language “under God” was not meant to interfere with religious [588]*588freedom: “ ‘A distinction must be made between the existence of a religion as an institution and a belief in the sovereignty of God. The phrase ‘under God’ recognizes only the guidance of God in our national affairs.’” Id. at 3. President Eisenhower officially endorsed the amendment and Congress’s reasoning, stating:

From this day forward, the millions of our school children will daily proclaim in every city and town, every village and rural schoolhouse, the dedication of our Nation and our people to the Almighty____ In this way we are reaffirming the transcendence of religious faith in America’s heritage and future; in this way we shall constantly strengthen those spiritual weapons which forever will be our country’s most powerful resource, in peace or in war.
[ 100 Cong. Rec. S8617-18 (1954).]

This version of the pledge has been recited by school children for decades and is the version at issue in the present lawsuit.

II. Legal Standard

Although the motion before the court was filed as a motion to dismiss for failure to a state a claim, pursuant to Rule 4:6-2(e), the court will convert the motion to one for summary judgment. For a court to determine that a case should be dismissed for failure to state a claim under Rule 4:6 — 2(e), the inquiry is limited to examining the legal sufficiency of the facts alleged on the face of the complaint. Rieder v. Dep’t of Transp., 221 N.J.Super. 547, 552, 535 A.2d 512 (App.Div.1987). However, the Rule provides for an exceptional circumstance when “matters outside the pleading are presented to and not excluded by the court.” R. 4:6-2. In those cases, “the motion shall be treated as one for summary judgment and disposed of as provided by R. 4:46.” Ibid. Attached to the motion papers were documents containing information outside of the pleadings, including the school district’s policy on the pledge, a list of the daily invocations at the 1947 State Constitutional Convention, and various emails collected by the AHA, authored by allegedly atheist students. By operation of Rule 4:6-2, the court will convert this motion to a summary judgment motion.

Summary judgment is “‘designed to provide a prompt, businesslike and inexpensive method of disposing of any cause which a discriminating search of the merits in the pleadings, depositions [589]*589and admissions on file, together with the affidavits submitted on the motion clearly shows not to present any genuine issue of material fact requiring disposition at trial.’” Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 530, 666 A.2d 146 (1995) (quoting Ledley v. William Penn Life Ins. Co., 138 N.J. 627, 641-42, 651 A.2d 92 (1995)).

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Bluebook (online)
115 A.3d 292, 440 N.J. Super. 582, 2015 N.J. Super. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-humanist-assn-v-matawan-aberdeen-regional-school-district-njsuperctappdiv-2015.