05/05/2003 03:15 PM House JUD

SJR 10 - PLEDGE OF ALLEGIANCE RESOLUTION                                                                                      
                                                                                                                                
Number 0075                                                                                                                     
                                                                                                                                
CHAIR McGUIRE  announced that the  first order of  business would                                                               
be  SENATE JOINT  RESOLUTION NO.  10, Relating  to the  Pledge of                                                               
Allegiance.                                                                                                                     
                                                                                                                                
Number 0103                                                                                                                     
                                                                                                                                
JACQUELINE  TUPOU,  Staff to  Senator  Lyda  Green, Alaska  State                                                               
Legislature, said on  behalf of Senator Green,  sponsor, that SJR
 provides that  the Alaska State Legislature  supports a review                                                               
by the U.S.  Supreme Court of the Ninth Circuit  Court of Appeals                                                               
2002 decision in  Newdow v. U.S. Congress.  In  Newdow, the Ninth                                                           
Circuit Court of Appeals ruled that  the words "under God" in the                                                               
Pledge  of  Allegiance  violate  the  establishment  clause  when                                                               
recited by  students in public  schools.  She mentioned  that the                                                               
U.S. Supreme  Court had  this case  on its  April 30  docket, and                                                               
that a petition  for a [writ of certiorari] has  been filed and a                                                               
response is expected back on May 30.                                                                                            
                                                                                                                                
CHAIR  McGUIRE, after  ascertaining that  no one  else wished  to                                                               
testify,  closed   public  testimony  on   SJR  10.     She  then                                                               
complimented  Ms.  Tupou  and Senator  Green  on  a  well-written                                                               
resolution;  without  making  political  statements,  SJR  10  is                                                               
factual  and  "speaks to  things  that  have occurred  throughout                                                               
history."                                                                                                                       
                                                                                                                                
REPRESENTATIVE GARA  said he agrees  with Chair McGuire.   Noting                                                               
that the U.S. Supreme Court denies  most [petitions for a writ of                                                               
certiorari], he asked  whether there is any  indication that this                                                               
case will be accepted.                                                                                                          
                                                                                                                                
MS. TUPOU said she didn't care to speculate on that issue.                                                                      
                                                                                                                                
Number 0387                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  adopt  Conceptual                                                               
Amendment 1,  to add the solicitor  general to the list  of those                                                               
who  will get  a  copy of  SJR  10.   There  being no  objection,                                                               
Conceptual Amendment 1 was adopted.                                                                                             
                                                                                                                                
REPRESENTATIVE OGG  said he  would like  to echo  Chair McGuire's                                                               
comments.                                                                                                                       
                                                                                                                                
Number 0421                                                                                                                     
                                                                                                                                
REPRESENTATIVE SAMUELS  moved to report  SJR 10, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zero  fiscal note.   There  being no  objection, HCS                                                               
SJR  10(JUD)  was  reported from  the  House  Judiciary  Standing                                                               
Committee.