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Home My WebLink AboutAgenda Report - April 5, 2006 K-01AGENDA ITEM IA401 ift CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Consider adoption of Resolution placing the national motto "In God We Trust" and state motto "Eureka" on plaques in the Carnegie Forum Lobby. MEETING DATE: April 5,2006 City Council Meeting PREPARED BY : Steve Schwabauer, City Attorney RECOMMENDED ACTION: That the Council consider adoption of Resolution placing the national motto "in God We Trust" and state motto "Eureka" on plaques in the Carnegie Forum Lobby. BACKGROUND INFORMATION: At the March 29, 2006 Special Council Meeting, Council directed the City Attorney's Office to return with a legal analysis regarding the legality of displaying the national motto in celebration of its 50th year, the state motto in celebration of its adoption and the new city motto, "Livable, Loveable, Lodi" as a part of the City's centennial celebration. The national motto has appeared on US currency since the Civil War. It was adopted in the 1950s pursuant to 36 USC § 186. Indeed variants of it appear in both the National Anthem, and in President Lincoln's Gettysburg Address. Referring to the national motto, Justice Brennan in a non-binding concurrence observed: "It is not that the use of these four words ["In God We Trust"] can be dismissed as 'de minimus'—for I suspect there would be intense opposition to the abandonment of the motto. The truth is that we have simply interwoven the motto so deeply into the fabric of our civil polity that its present use may well not presentthe type of involvement which the first amendment prohibits." (Abington School District v. Schempp 374 US 203, 303, Brennan J. cont.) However, the national motto has never itself been the subject of a direct constitutional attack. Indeed, although frequently referred to in judicial opinions on the Establishment Clause of the First Amendment, it is typically in a concurring opinion or a dissent regarding another historical yet religious practice such as prayer in schools or at legislative sessions. However, given the most recent Supreme Court decision approving the State of Texas' display of the Ten Commandments on its capital grounds based upon its historic use and apparent secular purpose of reflecting the development of the American legal system, (Van Orden v. Perry 125 S.Ct. 2854) it would likely survive a federal constitutional challenge. The Van Orden Court noted that the strict Lemon test is typically applied to religion in the public square but also noted an exception to Lemon, where, as here, the use is of particular historic and nonreligious significance. It is important to note however, that the Establishment Clause area is highly dynamic and that even our nation's best legal minds have difficulty agreeing on the test that should be applied to the use of religious phrases and symbols in America's public square. Indeed, Justices Thomas, Scalia, Breyer and Rhenquist all noted in their separate opinions in Van Orden that the Court's Establishment Clause jurisprudence was incoherent and incapable of consistent application. Surviving challenge under the federal constitution of course is not the sole test, for in California, we have our own Establishment Clause which has been interpreted to be even more protective of the principle of separation of church and state. Section 4 of article I guarantees the '[f]ree exercise and enjoyment of religion without discrimination or preference...." Under the California Constitution, prayers in school have APPROVED: J ---I Blair Ki gg -ei anager been stricken down (Sands v. Morongo Unified School District 53 Cal.3rd 863) yet nonsectarian prayers in legislative sessions have been upheld. (See e.g. Rubin v. City of Burbank, 101 Cal. AppAth 1194; 76 Ops. Cal. Atty Gen. 281) It should be noted that the prayer approved in Rubin must be nonsectarian, meaning that pastors must be chosen from the full spectrum of religious belief, rotated and admonished not to refer to a particular deity such as Jesus Christ or Allah. However, the Rubin Court did follow the U.S Supreme Court's exception to the Lemon Test for practices that are so imbedded in our historical framework that they are more a patriotic celebration of the principles of our founders than religious. As such, it is my view that this display, being small and in celebration of the Lodi's centennial year and being displayed together with the state and city motto would survive federal and state constitutional challenge. Stephen Schwabauer City Attorney RESOLUTION NO. 2006- A RESOLUTION OF THE LODE CITY COUNCIL TO DISPLAY THE NATIONAL MOTTO, "IN GOD WE TRUST," IN THE CARNEGIE FORUM WHEREAS, the National motto, "In God We Trust," has appeared on U.S. coins since 1864; and WHEREAS, the National motto was adopted by the U.S. Congress on July 30, 1956 (36 U.S.0 § 186); and WHEREAS, a variant of the National motto appears in the National anthem, The Star Spangled Banner, which was recognized for official use by the United States Navy (1889) and by the White House (1916), and was thereafter made the National anthem by Congressional resolution on March 3, 1931; and WHEREAS, this is the Centennial year of the incorporation of the City of Lodi, and the City of Lodi has adopted its own City motto ("Livable, Lovable Lodi") in celebration of its Centennial year; and WHEREAS, the Lodi City Council desires to celebrate its Centennial year with a patriotic recognition of the National motto. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that the National motto shall be displayed on a plaque in the lobby of Carnegie Forum in the form attached hereto as Exhibit A. Dated: April 5, 2006 I hereby certify that Resolution No. 2006-_ was passed and adapted by the City Council of the City of Lodi in a regular meeting held April 5, 2006, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS— ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS—None SUSAN J. BLACKSTON City Clerk ref. Susan Blackston From: Susan Blackston Sent: Tuesday, April 04,2006 8:18 AM To: 'Matt McReynolds' Cc: City Council; Blair King; Steve Schwabauer Subject: RE: Legal Opinion Letter re: "In God We Trust" Plaque Plaque Dear Mr. McReynolds: This reply is to confirm that your e-mail message and attached letter was received by the City Clerk's Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the City Manager and City Attorney. Isl Susan J. Blackston, City Clerk -----Original Message ----- From: Matt McReynolds [mailto:mattrncreynolds@pacificjustice.org] Sent: Monday, April 03, 2006 5:48 PM To: Susan Blackston; Susan Hitchcock; Bob Johnson; JoAnne Mounce; John Beckman; Larry Hansen Subject: Legal Opinion Letter re: "In God We Trust" Plaque Dear Clerk, Mayor and Members of the City Council, Please find attached a letter from our organization addressed to the City Attorney regarding the "In God We Trust" plaque discussed at last week's City Council meeting. Sincerely, MATTHEW B. MCREYNOLDS, ASSOCIATE COUNSEL P,aci& Justicc institute P.O. Box 276600 Sacramento, CA 95827 Phone: (916) 857-6900 Fax: (916) 857-6902 w ww.Pji.org 04(03)'2006 17 26 FAX 9168576902 PJI 1& 002/003 HRAD W. DMM, EhQ, WMAMEN'M OFFVCR!Muer EO. Box 276600 - Sacnmenco, CAOU27 PAM IC JUSnCE EDWIN Mix.+:, IIS 916.817.6900 • FAX 9F6.R57,69112 As~rJi wopy r~rol www. iix}ucsitn.,,ig IN S .1. I T U TE .Ur+my AprdCAmrpm* VIA FAX , E-MAIL AND FIRST-CLASS MAIL April 3,2006 D. Stephen Schwabauer, City Attorney City of Lodi 221 W. Pine Street Lodi. CA 95242 Re: Proposed "In God W e Trust" Plaque Dear Mr. Schwabauer, It has come to our attention that the Lodi City Council has directed you to research the legality of displaying a plaque Mth the national niotW, "In God We Trust, II We are writing to offier our perspective on this important issue, and also to offer our representation at no charge should the city approve the plaque and thereafter encounter any legal opposition. By way of introduction, the Pacific Justice k tiblB is a nonprofit organization which specializes in defending religious liberty, including our nation's religious heritage. We have recently intervened as oo-defend.nts alongside the U.S. Department of Justice in Newdow v, Congress, which is challenging the inclusion of "In God We Trust" on ouz nation's coinage. A few days ago we filed a motion to d caL9s; that lawsuit, so we are well acquainted with the case law on this issue. As you are no doubt aware, the United States Supreme court has never indicated that governmental expression mst be sanitized of all religious symbolism or references. To the contrary, the Court has acknowledged that phrases such as "In God We TrWr' serve the legitimate secular purposes of "solemnizing public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy of appreciation in society." Lynch v. ,Donnelly, 465 U.S. 668, 693 (1984). The Court has also declared the the history and ubiquity of such phrases ensure that they are "not understood as conveying government approval of particular religious beliefs." Id. Even those justices who dissented fr mthe majority holding in Lynch felt that "such practices as the designation of `In God We Trust' as our national motto, or the references to God contained in the Pledge of Allegiance... can best be understood., .as a form a `ceremonial deism."' Id. at 716 (Brennan, I., dissenting). Consequently, the dissenting justices reasoned that there designations and references are immune from Establishment Clause scnitiny as they have lost any significant religious implication through rote repetition. Id- Matthew d Matthew S. McReynoids Page 1, Letter b Mr. Schwabauer April 3, 2006 -Adi3iag the Torch ofJri 6ce, for Our Civil Liberties" UaiOi 200b 17 26 FAX 3168576902 PJI It is important to note that, despite the Court's disagreement over the constitutionality of other forms of religious imagery and language used by the government, no Supreme Court Justice in Lynch disputed the constitutionality of the phxase "In God We Trust." This sentimentwas echoed in County ofAllegheny v. ACLU, 492 U.S. 573 (1989), where the majority struck down a nativity scene on City property but made it crystal-clear that they would not similarly treat the national motto: Ox previous opinions have considered in dicta the motto and the pledge, characterizing them as consistent with the proposition that government may not communicate an endorsement of religious belief—, , We need not return to the subject of "ceremonial deism" ... because there is an obvious distinction between cir6rhe displays and references to God in the motto and the pledge. 1&003/003 Id at 602-603 (citations omitted). In several other cases, both majority opinions and individual Justices have further signaled their support for "In God We TMEL" See, e.g. Wooley v. Maynard, 430 U. S .705, 717, n.15 (1977) (see also Rehnquist, J. dissenting at 722); Stone v. Graham, 449 U.S.39, 45 (1980) (Rehnquist, J., concurring); School Dist, of Abington Twp, v. Schempp, 374 U.S. 203, 303 (1963) (Brennan, J, concurring); Marsh v. Chambers, 463 U.S. 783, 818 (1983) (Brennan, J. dissenting); Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 322-323 (2000) (Rehnquist, C.J. dissenting); Van Orden v. Perry, 125 S.Ct. 2854, 2879 (2005) (Stevens, J. dissenting); McCreary County v. ACLU, 125 S.Ct. 2722,2750 (2005) (Scalia, J. dissenting). In conclusion, the Pacific Justice Institute would like to commend the City of Lodi for considering a plaque to commemorate the national motto, and to assure you that under applicable case law, such a plaque is constitutional. Should the city receive any legal threats from those who oppose even innocuous acknowledgements of religion in public life, the Pacific Justice Institute would be honored to defend the City of Lodi at no charge in state or federal court. Please do not hesitate to contact me if the Pacific Justice Institute can be of farther assistance to you. Sincerely, Matthew B. McReynolds Associate Counsel InstibA e CC: Mayor Susan Hitchcock Members of the City Council Lodi News -Sentinel Matthew B. McReynolds Page 2, Letter to Mr. Schwabauer April 3,2006 RESOLUTION NO. 2006-55 A RESOLUTION OF THE LODI CITY COUNCIL TO DISPLAY THE NATIONAL MOTTO, "IN GOD WE TRUST," IN THE CARNEGIE FORUM WHEREAS, the National mono, "In God We Trust," has appeared on US. coins since 1864;and WHEREAS, the National motto was adopted by the U.S. Congress on July 30, 1956 (36 U.S.0 § 186);and WHEREAS, a variant cf the National motto appears in the National anthem, The Star Spangled Banner, which was recognized for official use by the United States Navy (1889)and by the White House (1916), and was thereafter made the National anthem by Congressional resolution on March 3, 1931; and WHEREAS, this is the Centennial year of the incorporation of the City of Lodi, and the City of Lodi has adopted its own City motto ("Livable, Lovable Lodi") in celebration of its Centennial year; and WHEREAS, the Lodi City Council desires to celebrate its Centennial year with a patriotic recognition of the National motto. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that the National motto shall be displayed on a plaque in the lobby of Carnegie Forum in the form attached hereto as Exhibit A. Dated: Apri15,2006 I hereby certify that Resolution No. 2006-55 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 5,2006, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Hitchcock NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS—Beckman ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2006-55 x x On July 30,1956, President Dwight D. Eisenhower signed a law declaring "In God We Trust" the official motto of the United States. Fifty years later, the City of Lodi officially recognizes the historical significance of our national motto in our country's affairs. CITY COUNCIL CITY OF L O D I SUSAN HITCHCOCK, DAG e��re+?�� Mayor c . BOB JOHNSON, w •" �� Mayor Pro Tempare JOHNBECKMAN LARRY D. HANSEN W -.,b JOANNE MOUNCE CITY HALL, 221 WEST PINE STREET / P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702/ FAX (209)333-6807/ www.citycirk.gov April 6, 2006 BLAIR KING, City Manager SUSAN J. BLACKSTON. City Clerk D. STEPHEN SCHWABAUER, City Attorney Jacquie Sullivan Bakersfield City Council Member "In God We Trust — America" P.O. Box 11715 Bakersfield, CA 93389 RE: Resolution to Display the National Motto, "in God We Trust," in the Carnegie Forum The Lodi City Council, at its regular meeting of April 5, 2006, adopted the enclosed resolution to display the National motto, "In God We Trust," in the lobby of the Carnegie Forum (Council Chamber). Should you have any questions, please feel free to contact my office. Sincerely, Susa�JBIackst City Clerk SJBNMP Enclosure Coisuwunii'Fransmi ttal2.doc