Legal
Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: Lane v. Owens
Case Number: 03-B-1544, United States District Court, District of Colorado
ACLU Case Number: 2003-09

Description: In August, 2003, a new Colorado statute, HB 03-1368, took effect. It requires that each student and each teacher in every public school must recite the Pledge of Allegiance at the beginning of the school day. The statute provides that teachers and students can be excused from reciting the Pledge if they assert objections that are based on religious grounds. Teachers who object for other reasons of conscience, however, are still required to recite the Pledge. Students who object on nonreligious grounds may be excused only if their parents put their objections in writing and file them with the school.

The ACLU filed suit on behalf of teachers and students in several Colorado school districts, arguing that the right of free expression prohibits the government from mandating that individuals recite the Pledge of Allegiance. On August 15, 2003, Judge Babcock granted the ACLU's request for a temporary injunction forbidding enforcement of the statute. In 2004, the legislature amended the statute so that reciting the Pledge was voluntary, not mandatory.

Issues: Freedom of expression, rights of young people

ACLU of Colorado Attorneys: Alan Chen, David Lane, Mark Silverstein

Additional Co-counsel: Mark Hughes, Two Rivers Institute

Links to Selected Documents:

ACLU News Release, August 12, 2003: "ACLU Challenges Colorado Law Requiring Teachers and Students to Recite the Pledge of Allegiance"

HB 03-1368, Colorado's mandatory Pledge law

Complaint, filed August 12, 2003

ACLU Brief in Support of Temporary Restraining Order

ACLU Reply Brief in Support of Temporary Restraining Order

Transcript of Judge Babcock's oral ruling, August 15, 2003

Order Extending Temporary Restraining Order, August 25, 2003

Update: ACLU Wins First Stage in Court; Students and Teachers Cannot be Forced to Recite Pledge of Allegiance

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