Holden v. Board of Education
Description
"The salute of the flag is a gesture of love and respect fine when there is real love and respect back of the gesture. The flag is dishonored by a salute by a child in reluctant and terrified obedience to a command of secular authority which clashes with the dictates of conscience. "
Petitioner parents sought reinstatement of their children in the respondent Board of Education's schools. The children were excluded because they refused to pledge allegiance to the United States flag. Petitioners testified that they believed in the Islam religion and that its followers were taught that their sole allegiance was to Allah. They were further taught that the flag was but a symbol, and that it would be contrary to their teachings to pledge allegiance to any flag, including the flag of Islam. The court affirmed the judgment of the Commissioner of Education, finding that the decision was correct in determining that petitioner parents' children had complied with the statutory provisions when they claimed exemption from pledging allegiance to the flag on the grounds of conscientious scruples against such a pledge.
Petitioner parents sought reinstatement of their children in the respondent Board of Education's schools. The children were excluded because they refused to pledge allegiance to the United States flag. Petitioners testified that they believed in the Islam religion and that its followers were taught that their sole allegiance was to Allah. They were further taught that the flag was but a symbol, and that it would be contrary to their teachings to pledge allegiance to any flag, including the flag of Islam. The court affirmed the judgment of the Commissioner of Education, finding that the decision was correct in determining that petitioner parents' children had complied with the statutory provisions when they claimed exemption from pledging allegiance to the flag on the grounds of conscientious scruples against such a pledge.
Date
1966-01-24
Type
Court Case
Source
Holden v. Board of Education of the City of Elizabeth (January 24, 1966) https://law.justia.com/cases/new-jersey/supreme-court/1966/46-n-j-281-0.html