Elk Grove Unified School District

ELK GROVE UNIFIED SCHOOL DISTRICT V. NEWDOW

Legal battle was initiated in the Eastern District of Californian State challenging the practice of offering prayers in the American school. American society is viewed as pluralistic society, where people with different religious backgrounds are living as a society, under one law and single constitution. Therefore it is important for the Government of the United States to ensure and support its citizen for practicing their religion freely, without getting influenced by any other religion trough any means.

LEGAL BATTLE

In March 2000, Michael Newdow, an atheist, filed a legal suit against Elk Grove Unified school District and administration, including the U.S. Congress and President of United States. The case was lodged, as the parent Michael Newdow complained that the practice of offering regular prayers in the school, was violation of the religious freedom, and was source of motivating and nurturing the religious sentiments among the students, irrespective of their parent religion. Michael Newdow lodged the case on the behalf of her daughter.

The legal quest continued for more than two years, and finally the court announced its verdict in the favor of the Michael Newdow. The court concluded that, 'the recitation of the Pledge with the words 'under the God' violated the Establishment Clause' (Washington Times).

Later onwards the mother of daughter, Jesus follower, filed application against Michael Newdow and claimed that her daughter be allowed to practice the religion of Christianity, and be allowed to believe on God. He court then handed over the custody of the daughter to the mother, and later after another law suit, partial custody of the daughter was handed over to the father Michael. However the court discouraged any forcible means of pressurizing and convincing the daughter to follow any of the religion.

COURT RULING AND DIFFERENCE OF OPINION

The Court initially came up with variable stance regarding the Pledge and interpretation of 'under the God'. The court viewed that the term 'under the God' merely acknowledges any religious affiliations of the individual. 'The Pledge is secular act rather than an act of indoctrination in religion or expression of religious devotion' (Chief Justice's opinion). Inside the judiciary there was difference of opinion with reference to Pledge and its religious motivation.

The few elements of judiciary viewed that the Pledge was not responsible for motivating and nourishing the religious concepts of an individual, rather the constitution of the United States supports the notion of freedom of religion, and in this regard the States is obligatory to respect the religious sentiments of the citizens. The judiciary believed that it is the peer pressure and social influence which molds the religious believes of an individual. 'Establishment Clause only prohibits interference by the federal government in the right of individual states to establish their own official religions' (Justice Thomas).

PSYCHOLOGICAL INFLUENCE

The society influences more than the formal statement recited regularly. It is notion of doing and applying any practice that influences more than the oral aspects associated with the practice. In this case, considering the focal element i.e. daughter; the young age and social influence at this age level are very pre-dominant.

An individual living in an environment where majority are found practicing and following a particular course of action is definitely going to create an impact of the young minds, and if the practice are more religion related, will definitely try to fascinate the non-believer. This all again demands upon the intensity of peer pressure, social interaction and psychological behavior of an individual.

The psychological characteristics are deterministic criteria which have great impact on the young minds. Religion is not a code of conduct that is imposed; rather it is code of conduct that you practice and in case if the individual shares affiliation with minority, the values are definitely in volatile state under young age.

Young individual is shares different believes and culture, definitely find it to be difficult in assimilating into the society, and for the sake of doing so compromise has to be accorded with the dominant social forces. The compromise can be accorded either by isolating yourself, or by intermingling. In case of a young individual, isolation is more like social curse, and it has major impact on the grooming and growth. The young individual is therefore found willing to compromise and mingle up with the society; this is because that is the psychological requirement of an individual. In some of the cases, perhaps isolation is preferred rather than intermingling with the society, on the grounds that either the practice of the society is viewed as unethical or immoral. Unless substantial reason is found to declare the social practices to be immoral, it is definitely hard to ignore the social practices.

Psychological constraints or influence can be either because of any worst incidence or pleasant incident. The incidents definitely have great impact on the behavior and sentiments of an individual. Considering a simple example, an individual who exists in minority, and gathers support of the public because of his success or failure, finds the comprisable stand of the society to be positive indicator that the majority is willing to accept and appreciate its role and participation. These feelings than drift away the individual from his personal influence into the influence of the society. What we observe then it the spirit of understanding that is forged by both the groups. The element of compromise is significant.