A federal appeals court in California last year took the side of a father, an atheist facing a custody dispute over his daughter, who claimed the pledge's "under God" violates the Constitution.

Since that appellate court ruling, the outcry from people across the country, Congress and the White House has included people calling it "crazy" and "ridiculous." The Supreme Court can override the appellate court decision.

"The federal judiciary is completely out of control," said state Rep. Greg Delleney, R-Chester, a lawyer. "That appeals court is the most liberal in the country. Let them try and enforce their silly orders."

The pledge in South Carolina doesn't have to be stated by anyone who objects, and objectors can leave the classroom if they wish.

"We follow state law in all our schools," said Clover schools spokeswoman Teresa Glass.

"State law requires we set aside time for the pledge and a moment of silence," said Rock Hill schools spokeswoman Elaine Baker. "It's not a school choice. The law is clear."

South Carolina has not faced any legal challenge to the law since its inception to the knowledge of the state Attorney General's Office, said spokes-man Trey Walker.

Former Attorney General Charlie Condon, now a Repub-lican candidate for the U.S. Senate, wrote in a 2002 opinion about the "In God We Trust" seen on currency and other places, that another Supreme Court case cited several examples of religious heritage in the country. Those references include Thanksgiving and Christmas holidays, chaplains in both the House and Senate, a National Day of Prayer declared by the president, and the phrase "one nation under God" in the Pledge of Allegiance, according to Condon's opinion.

The part of the pledge "under God" was inserted after World War II.

Some groups do not recite the Pledge of Allegiance because fealty to God trumps any pledge to country. Jehovah's Witnesses, for example, do not recite the pledge in school or anywhere else.

Ruby Chambers, an employee at Finley Road Elementary School who is a Jehovah's Witness, does not recite the pledge when it is said during school each day, and her children who went through public schools didn't either.

"We do stand, we do show respect. We just don't recite the pledge," Chambers said. "We don't give allegiance to a flag. We show allegiance only to God. But it's never been an issue or a problem for me."

An attempt to get the pledge out of schools is another way for "extremists to push their values on society," said Dr. Britt Blackwell, a former member of the Rock Hill School Board who unsuccessfully proposed posting the Ten Commandments in school buildings a couple of years ago. In his terms on the board, Blackwell said, a problem with the pledge never came up. "Nobody ever complained, at least to me," he said.

"The basic foundation of loyalty to our country is now being questioned," Blackwell said. "Extremists can't censor everything. The foundation of our country is on patriotism."

The federal courts are trying to take any reference to religion not just out of the public schools, but from the public square, Delleney said.

The U.S. House approved a resolution 400-7 last year against the California appellate court decision, and the U.S. Senate resolved the same by a 99-0 vote.

"There is a way to fix this, and that is for Congress to set guidelines for jurisdiction of the federal courts," Delleney said. "The Congress could fix this, once and for all. Whether or not they do it is another question."

Contact Andrew Dys at 329-4065 or mailto:adys@heraldonline.com

S.C. law on Pledge of Allegiance

SECTION 59-1-455. Time for Pledge of Allegiance required. Beginning with the 1991-92 school year, all public school students, commencing with grades kindergarten through and including high school, shall during the course of each school day's activities at a specific time which must be designated by the local school say the Pledge of Allegiance as follows: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." Any person not wishing to say the "Pledge of Allegiance" or otherwise participate in saying the "Pledge of Allegiance" is exempt from participation and may not be penalized for failing to participate. A person who does not wish to participate may leave the classroom, may remain in his seat, or may express his nonparticipation in any form which does not materially infringe upon the rights of other persons or disrupt school activities. Source: S.C. Code of Laws from the S.C. Legislature Web site.