HAWAII — In the wake of the national controversy over the phrase "under God" in the Pledge of Allegiance, a McKinley High School student is challenging the constitutionality of the "love for God" portion of his school's honor code.
On July 16, the American Civil Liberties Union filed a federal lawsuit on behalf of 15-year-old James Ornellas seeking a court order to mandate that school officials remove either the "love for God" phrase or the entire code from school property.
The honor code reads in part: "As a student of McKinley, I stand for love of God and all Mankind."
"It's saying that to be honorable, I need to believe in God," Ornellas said. "I am not sure if God exists or not, but I don't think it is right for the school to tell me, or any other student, that I should love God."
The lawsuit states the "love for God" phrase "conveys the unequivocal message that the school and its officials endorse religion, and specifically endorse the monotheistic concept of the Christian or Jewish 'God.'" Ornellas and the ACLU are arguing the honor code violates the establishment of religion clause of the First Amendment.
"It violates his right to go to school and not be subject to governmental endorsement of religion," said Brent White, the legal director for ACLU of Hawaii.
The ACLU, in coordination with Hawaii Citizens for Separation of State and Church, has contested the "love of God" portion of the honor code since January 2002.
The challenge to the code prompted the state attorney general to release a statement saying the line "did not promote the advancement of religion unconstitutionally."
The school and the Hawaii Department of Education continue to support the honor code.
Former student Mun Chee Chun, now 93 years old, wrote the honor code in 1927. Staff members rediscovered the code in the school's storage in the 1990s and prominently displayed it and reprinted it in school publications. Chun has said he is "disgusted" by the lawsuit and told the school historian to "burn that code of honor."
A public forum of students, civil libertarians and Christian activists convened in April to discuss the "love for God" line. School officials did not change their stance on the code, leading Ornellas to turn to the ACLU.
The first scheduling conference for the trial is set for October.
© 2002 Student Press Law Center
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