The Superior Court of New Jersey, Law Division (Monmouth County) granted Fishkin Lucks LLP’s motion on behalf of its pro bono clients, The American Legion, The American Legion Department of New Jersey, and The American Legion Matawan Post 176, to intervene in a lawsuit brought by the American Humanist Association against the Matawan-Aberdeen Regional School District challenging the constitutionality of the Pledge of Allegiance under the equal protection clause of the New Jersey Constitution. Fishkin Lucks has now filed a motion to dismiss Plaintiffs’ claims, arguing, among other things, that the law providing for the voluntary recitation of the Pledge is constitutional in that it does not discriminate against any class of citizens. The motion is presently scheduled for a hearing on October 23.
A copy of The American Legion’s press release can be found here and some recent media coverage of this victory can be found here.