Minersville School District Vs Gobitis Essay

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In Minersville School District v. Gobitis 1940, the Court held, in an eight to one decision, that public school children can be compelled to stand and recite the Pledge of Allegiance while saluting the flag, despite the fact that, as Jehovah Witnesses, it was against their religious beliefs to do so. In West Virginia State Board of Education v. Barnett, 1943, also involving Jehovah Witnesses and the refusal to stand to salute the flag and recite the Pledge of Allegiance, the Court, in a six to three decision, reversed its ruling in Gobitis. The majority opinion in the Gobitis case was written by Justice Felix Frankfurter. Justice Robert Jackson wrote the majority opinion in the Barnett case. In this essay I will argue that the Court in Barnett was correct in overturning the decision in Gobitis. …show more content…

Because attending school in the state was compulsory, they were forced to attend private schools, creating a financial burden for their father. The father brought a suit against the Board of Education on behalf of the children and himself. The lower Courts ruled that compelling the children to stand and salute the flag was unconstitutional. The Board of Education appealed the decision and the lower court’s ruling was overturned by the Supreme Court. Justice Frankfurter wrote in his decision that the flag was a symbol of national unity and reciting the Pledge of Allegiance “advanced national unity” The school district’s interest in creating national unity was enough to allow them to require the student to salute the flag. He further stated that the Court should not be involved in issues concerning education policy and such matters should be left to the

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