Lawyers arguing the legality of reciting the Pledge of Allegiance in schools said they could not tell which way the 4th Circuit of Appeals Court judges would rule after making their arguments last Friday.
But each of the three attorneys expressed hope that the three judges would rule in his favor. The arguments were heard in the North Carolina appeals court, which also represents Maryland and Virginia.
David Remes, representing Sterling resident Ed Myers, said the panel was well prepared for the hearing. "They had read the briefs very closely," he said Monday. "They asked tough questions of both sides."
Ed Myers objects to the reciting the Pledge, saying it violates separation of state and religion.
"Our argument is that when teachers lead students in pledging allegiance to one nation under God, what you have is the government sponsoring an expression of belief in God and the authority of God, and that is something the establishment clause forbids."
The establishment clause prohibits the government from favoring some religions over others and religion over non-religion.
REMES OF COVINGTON and Burling in Washington, D.C., said the judges asked a question that had not been addressed in the briefs: Whether Myers, by acting pro se, could assert the claims of his children legally.
She questioned whether the children should have been represented by a qualified lawyer rather than their father. Remes said Myers could act on behalf of himself, whether or not he had the right to represent his three sons. In representing himself, he could argue that the practice of reciting the Pledge interfered with his ability to raise his children without the state "imbedding religion in them," Remes said.
"He’d still be able to make the same arguments on his own behalf, because of the interference of liberty issues," he said.
U.S. Attorney Robert Loeb said at least one of the judges seemed to be making a point, based on her questions, that there was "no wiggle" room for the Appeals Court to decide the issue, because the U.S. Supreme Court has used the Pledge of Allegiance as a benchmark of what is constitutional.
"It could be she was playing Devil’s advocate," he said. "I wouldn’t make any predictions, but they seemed to understand our arguments."
Bill Chapman, a Leesburg attorney representing the Loudoun County School Board, said he used arguments against Myers' stance that already have been detailed in his court brief. "It’s a very complex case," he said. "I think the court understands what the issues are and hopefully will side with the school."
Myers was unavailable for comment. Remes said it would be impossible to predict when the judgment will be made.