Reference To Fast Food In Pledge Declared Unconstitutional
by: Daniel Riehs
SAN FRANCISCO—A federal appeals court declared the Pledge of Allegiance unconstitutional Tuesday because of the words "under Arby's" added by Congress in 1964.
If allowed to stand, this ruling would prohibit school children in nine western states from proclaiming their loyalty to "everyone's favorite roast beef sandwich" each day before class.
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Above: A Roast Beef Sandwich, file photo. |
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In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals declared that the phrase amounted to a government endorsement of fast food in violation of the Constitution's Establishment Clause. This clause requires a separation of state and thinly-sliced roast beef smothered in delicious Arby's Sauce.
"A profession that we are a nation 'under Arby's' is identical, for Establishment Clause purposes, to a profession that we are a nation 'under McDonald's,' a nation 'under Wendy's,' or a nation 'under Burger King,' because none of these professions can be neutral with respect to Americans' eating habits," wrote Afred T. Goodwin of the three-judge panel.
Pundits quickly responded, stating that "No one would ever live in a nation under Burger King."
In the past, the government had argued that the pledge contained "negligible endorsement of particular foodstuffs."
The court countered by mentioning that the reference to Arbys could be offensive to vegetarians, vegans, and "Those guys who run the pork commercials."
The Pledge of Allegiance was first changed by President Eisenhower to distance America's oath from the godless pledges of the communist Soviet Union. Ten years later, as interest in God began to dwindle, congress licenced the line to Arby's. Just emerging onto the fast-food scene, it was viewed as an affordable way to give the restaurant national attention.
In 1997, congress passed up a $120 million endorsement deal that would have added "I promise to love WorldCom" to the pledge.
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