Recall Over Pledge-Refusal Going Forward

The recall of David Habecker, the Trustee in Estes Park, Colorado who remains seated when others recite the Pledge of Allegiance, is going to go forward. A judge withdrew an injunction and said that citizens have a right to organize a recall of a politician who cannot in good conscience recite the Pledge.

The Times-Picayune reports:

Habecker, an agnostic who has served 12 years as a trustee in the popular tourist town 60 miles outside Denver, claimed the phrase "under God" ran contrary to his religious beliefs and said recall efforts violated his right to freedom of religion. "Mr. Habecker has certain rights," Nottingham said. "But citizens have the right to disagree with him, and they have the right to petition to recall him."

The judge said Habecker could still pursue his lawsuit against the town and recall organizers if he is voted out of office. "I thought I was going to have my day in court. I needed to explain my position, why the people of Estes Park are not entitled to vote on my First Amendment rights," said Habecker, who was not allowed to testify during the short hearing.

So, while people have a right to organize a recall of Habecker, it sounds like the judge is saying that they may not have a right to actually recall him. So long as they are merely talking about depriving him of his First Amendment rights, they are on safe ground; as soon as they punish him for exercising those rights, they are in trouble.

I think we all know that if Habecker were a Jehovah's Witness who refused to say and stand for the Pledge, this recall wouldn't be happening. Because Habecker isn't a Christian, though, this kind of bigotry is accepted as justified and fair.

Read More:

• Separation of Church and State 101
• Church and State News
• Pledge of Allegiance
• Secularism 101