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Legal Principle at Issue

Whether the requirement in the participation of in the pledge of allegiance, which includes the word God, exacted from a child who refuses upon since religious grounds, infringes upon due process of law the liberty guaranteed by the Fourteenth Amendment.

Action

Reversed. Petitioning party received a favorable disposition.

Facts/Syllabus

Lillian Gobitis, aged twelve, and her brother William, aged ten, were expelled from the public schools of Minersville, Pennsylvania, for refusing to salute the national flag as part of a daily school exercise. The local Board of Education required both teachers and pupils to participate in this ceremony. The Gobitis family are affiliated with "Jehovah's Witnesses," for whom the Bible as the Word of God is the supreme authority. The children had been brought up conscientiously to believe that such a gesture of respect for the flag was forbidden by command of Scripture. The Gobitis children were of an age for which Pennsylvania makes school attendance compulsory. Thus, they were denied a free education, and their parents had to put them into private schools. To be relieved of the financial burden thereby entailed, their father, on behalf of the children and in his own behalf, brought this suit.