Pledge divides teacher, student

MONROE – As his classmates stand and salute the U.S. flag, Kyle King sits in his chair.

He’s sat silently through the ritual nearly every school day since November 2004.

That’s when his cousin, Lance Cpl. Nathan Raymond Wood of Kirkland, was killed in action during military operations in Fallujah. The 19-year-old Marine had been in Iraq for only a few months.

“Ever since my cousin died, I don’t agree with the war or the government. So I don’t say the pledge,” said King, 17.

King’s stance on sitting out the pledge apparently became a focal point for one of his teachers.

Monroe High School and district staff are now looking at whether to discipline a music teacher after she compelled King to stand for the pledge.

“The school board feels very strongly about the rights of young people to take part in the pledge or not take part,” district spokeswoman Rosemary O’Neil said. “Particularly in times when you have political turmoil in the country, it is a policy you must carefully follow.”

The teacher has no prior disciplinary record. She could not be reached for comment.

The incident happened during a fifth-period piano class a few weeks ago, when the teacher asked King in front of the class why he didn’t stand for the pledge.

“I respectfully told her why. She told me it was very disrespectful and unpatriotic,” he said.

A couple days later, King said, the teacher approached him and said she had found federal court decisions supporting her view that students should stand for the pledge.

“I didn’t want to get into trouble. So for a couple weeks, I was standing for the pledge. I wasn’t saying anything but just standing there like a doofus,” he said.

King said he grew increasingly uncomfortable and finally told his mother last week.

Kelly King said she was shocked.

“I’m really proud of him, that he’s willing to do what he thinks is right,” the mother said. “He says he doesn’t feel unpatriotic. He and the rest of our family, we support the troops. We just don’t support the war.”

After researching state law, King’s parents met with the school principal. The school district then started its investigation.

State law and a Monroe School Board policy both note the right of a student to not say the pledge, so long as they “maintain a respectful silence.”

Federal case law also has upheld the right of a student to sit silently during the pledge.

The American Civil Liberties Union of Washington gets one or two complaints a year from students in similar situations, said Doug Honig, a spokesman.

“It’s not real common because most teachers seem to be aware of this. But certainly not everybody,” he said.

Monroe School District administrators have since reminded all of their principals about the district policy and what it means, O’Neil said.

The school continues to investigate the incident, she added.

Meanwhile, King said he has filed complaints with the school office against some students who he says have verbally harassed him, accusing him of getting the teacher in trouble.

Others have shaken his hand and told him he is brave, he said.

King said he’s been in minor trouble with the teacher before, such as for talking during silent reading time. But he felt singled out in this instance, saying he’s not the only one to have remained seated during the pledge.

“It’s not an act of rebellion,” he said. “I always respected the people who stood for the pledge. I just choose not to and thought I’d get the same kind of respect.”

Reporter Melissa Slager: 425-339-3465 or mslager@heraldnet.com.

Origin: The pledge was first recited by students across the country on Oct. 21, 1892, as part of official Columbus Day observances. It was written by Francis Bellamy, a former Baptist minister and children’s magazine editor. In the early 20th century, many states and local school districts made saluting the flag and reciting the pledge of allegiance a compulsory part of school exercises.

Original wording: “I pledge allegiance to my flag and the republic for which it stands: one nation indivisible, with liberty and justice for all.”

Several federal court cases have dealt with whether students must be compelled to recite or stand for the Pledge of Allegiance:

1940: Minersville School District v. Gobitis, U.S. Supreme Court

Decision: Upheld a Pennsylvania school policy that required children to stand and recite the pledge, even if it went against their Jehovah’s Witness beliefs.

Quote: “National unity is the basis of national security. … The flag is the symbol of our national unity, transcending all internal differences, however large, within the framework of the Constitution.” – Justice Felix Frankfurter

1943: West Virginia State Board of Education v. Barnette, U.S. Supreme Court

Decision: Overturned the Minersville decision by finding for a Jehovah’s Witness family that challenged a West Virginia state policy requiring students to recite the pledge.

Quote: “But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.” – Justice Robert Jackson

1973: Goetz v. Ansell, 2nd U.S. Circuit Court of Appeals

Decision: Ruled that public school students could not be forced to stand silently while other students recited the pledge.

1978: Lipp v. Morris, 3rd U.S. Circuit Court of Appeals

Decision: Struck down a New Jersey statute requiring a student to stand during the pledge.

2003: Lane v. Owens, 6th U.S. Circuit Court of Appeals

Decision: Granted a temporary restraining order against a Colorado law that required students to recite the pledge except on religious grounds or a parent’s signed permission. Colorado then amended the statute.

2004: Holloman v. Walker County Board of Education, 11th U.S. Circuit Court of Appeals

Decision: Upheld an Alabama high school student’s right to silently raise his fist during the pledge.

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