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HomeMy WebLinkAbout2012 09 24 Regular 600 Opinion on Possible Display of Phrase "In God We Trust"COMMISSION AGENDA ITEM 600 Informational Consent Public Hearings Regular X September 24, 2012 KS Regular Meeting City Manager Department REQUEST: At the City Commission's request, the City Attorney presents his legal research regarding the possible display of the phrase, "In God We Trust," in the Commission Chambers behind the dais and possible incorporation of the phrase into the official City's seal, and requests further direction from the City Commission including consideration of the draft Resolution presented with this Agenda Item. SYNOPSIS: The phrase "In God We Trust" is the official national motto of the United States and the official motto of the State of Florida. The motto has a long history of secular and patriotic connotations and does not represent a purely religious dogma or constitute a government endorsement of religion. As such, several courts have held that the use of the motto on U.S. Coins and currency does not violate the Establishment Clause of the United States Constitution. In addition, several courts have upheld the constitutionality of displaying the motto on and within government buildings. In 2011, the U.S. House of Representatives passed a nonbinding resolution reaffirming "In God We Trust" as the official national motto of the United States, and encouraging the public display of the national motto in all public buildings, public schools, and other government institutions. Over the years, many cities have chosen to officially display the motto including one known in Florida, the city of Kissimmee. The City Attorney recommends that any official display of the national and state motto be authorized by Resolution. CONSIDERATIONS: 1. On August 13, 2012, the City Commission directed the City Attorney to research the possibility of displaying the phrase "In God We Trust" in the City Commission Chambers Regular 600 PAGE 1 OF 5 - September 24, 2012 behind the dais near the official City seal and incorporating the phrase into the City seal. Primarily, the issue presented is whether or not such a display or use would violate the Establishment Clause contained in the First Amendment to the U.S. Constitution. 2. "In God We Trust" was adopted as the official national motto of the United States in 1956, 31 U.S.C. § 186, and is also the motto of the State of Florida, § 15.0301, Fla. Stat. Additionally, the motto is also on the Official Seal of the State of Florida. See Attachments. 3. "In God We Trust" is required to be on all U.S. coins and currency. Pub. L. 84 -140, adopted July 11, 1954; 36 U.S.C. § 302. However, the use of the phrase on U.S. currency pre -dates the 1954 statutory requirement. Congress first authorized the National Mint to include "In God We Trust" on Coins in 1865, and made its inclusion mandatory on gold and silver coins in 1908. 4. The motto is inscribed above the Speaker's chair in the U.S. House of Representatives, and also above the main door of the U.S. Senate Chamber. 5. In Aronow v. United States, 432 F.2d 242 (9h Cir. 1970), the use of the motto on coins and currency was first challenged. The 9th Circuit Court of Appeals held that the use of the phrase on coins and currency did not violate the Establishment Clause. The court reasoned: It is quite obvious that the national motto and the slogan on coinage and currency "In God We Trust" has nothing whatsoever to do with the establishment of religion. Its use is of a patriotic or ceremonial character and bears no true resemblance to a governmental sponsorship of a religious exercise. While "ceremonial" and "patriotic" may not be particularly apt words to describe the category of the national motto, it is excluded from First Amendment significance because the motto has no theological or ritualistic impact. As stated by the Congressional report, it has "spiritual and psychological value" and "inspirational quality." 6. In Newdow v. Lefevre, 598 F.3d 638 (9th Cir. 2010), the Ninth Circuit Court of Appeals again upheld the use of the motto on the nation's coins and currency. Based on Aronow, the court held that statutes requiring placement of the motto did not violate the Establishment Clause of the First Amendment, and the motto did not represent a purely religious dogma or constitute a government endorsement of religion, in violation of the Religious Freedom Restoration Act (RFRA). 7. In Lambeth v. Davison County, North Carolina, 407 F. 3d 266 (4th Cir. 2005), the Fourth Circuit Court of Appeals, upheld the county board's decision to authorize the inscription of "In God We Trust" on the facade of a county government center building. The court reasoned that in this situation, the reasonable observer must be deemed aware of the patriotic uses of the national motto, both historical and present, of the phrase "In God We Trust." Furthermore, a reasonable observer contemplating the inscription of the phrase on Regular 600 PAGE 2 OF 5 - September 24, 2012 the government center would recognize it as incorporating familiar words, a phrase with religious overtones to be sure, but also one long used, with all its accompanying secular and patriotic connotations as our national motto and currency inscription. Therefore, the use of the phrase "In God We Trust" on the government center building did not violate the Establishment Clause. 8. Also, In Gaylor v. U.S., 74 F.3d 214 (10th Cir. 1996), the Tenth Circuit Court of Appeals similarly held statutes establishing "In God We Trust" as the national motto and providing for its reproduction on U.S. currency did not violate the Establishment Clause. See also O'Hair v. Blumenthal, 588 F.2d 1144 (5th Cir. 1979) (affirming lower court decision holding that the adoption of the national motto "In God We Trust" and the use of it on coin and currency are constitutional). 9. In Schmidt v. Cline, 127 F. Supp. 2d 1169 (U.S. D. KS 2000), a claimant challenged the elected County Treasurer's decision to display posters in the treasurer's office bearing the words "In God We Trust." Relying on Gaylor, the Court emphasized that the Tenth Circuit held that the national motto has a secular purpose, symbolizes the historical role of religion in our society, foster's patriotism, and expresses confidence in the future; that its primary effect is not to advance religion; and that it "does not create an intimate relationship of the type that suggests unconstitutional entanglement of church and state." 10. In Myers v. Loudoun County School Board, 251 F. Supp. 2d 1262 (ED Va. 2003), the school board's implementation of a state statute requiring schools to post the national motto in every public school building was upheld as constitutional. 11. Albeit in dicta, the United States Supreme Court has strongly indicated on several occasions that the governmental use of the motto "In God We Trust," does not, at least in certain contexts, contravene the mandate of the establishment clause. See County of Allegheny v. ACLU, 492 U.S. 573 (1989) ([O]ur previous opinions have considered in dicta the[ "In God We Trust "] motto ..., characterizing [it] as consistent with the proposition that government may no communicate an endorsement of religious belief "); Lynch v. Donnelly, 465 U.S. 668 (1984) (O'Conner, J., concurring) ( "[G]overnment's display of the creche in this particular physical setting is no more an endorsement of religion than such governmental `acknowledgments' of religion as ... [the] printing of `In God We Trust' on coins.... "). 12. On February 20, 2002, the city of Bakersfield, California became the first city in recent years to vote to display the national motto, "In God We Trust," at city hall. 13. In November of 2011, the US House of Representatives passed a nonbinding resolution by a vote of 396 to 9 reaffirming "In God We Trust" as the official national motto of the United States. Representative Randy Forbes (R. -Va.) sponsored the measure to reverse what he called "a disturbing pattern of inaccuracy in omissions regarding the motto." See Attachments. The Resolution not only reaffirms the official motto of the United States, but also supports and encourages the public display of the national motto in all public buildings, public schools, and other government institutions. 14. According to the website, Ingodwetrust- america.org, approximately 278 cities /governments are displaying the national motto, "In God We Trust." With respect to Regular 600 PAGE 3 OF 5 - September 24, 2012 Florida, the city of Kissimmee and the State of Florida (seal) are represented on the list. 15. Based on the foregoing and current state of the law, the City Attorney opines that the City Commission could at its discretion support the official national and State of Florida motto, "In God We Trust," by displaying it in the City Commission Chambers near the City seal, and incorporating it into the City seal. 16. The City Attorney has prepared a draft City Resolution for the City Commission's consideration in the event the City Commission desires to take action regarding this matter. 17. Substantively the Resolution is generally divided in three sections: Section 1 establishes the intent and purpose of the Resolution. Section 2 authorizes the permanent and prominent display of the national and State of Florida motto "In God We Trust" in the City Commission Chambers behind the dais above the official City Seal. No further action of the City Commission would be necessary to implement the provisions of this section. Section 3 authorizes the national and State of Florida motto, "In God We Trust," to be incorporated into the official City Seal, subject to additional approval by the City Commission by ordinance in accordance with Section 165.043, Florida Statutes and a gradual implementation schedule prepared by the City Manager. 18. The City Commission has several options: A. Reject the Resolution in its entirety. No further action regarding the motto, "In God We Trust;" B. Approve the Resolution in its entirety (Display "In God We Trust" in Chambers and modify official City Seal); C. Approve part of the Resolution: Section 2 (Display "In God We Trust" in Chambers only) or Section 3 (Modify official City seal only); or D. Approve some other alternative not previously discussed. FISCAL IMPACT: The display of "In God We Trust" in heavy duty brass gold lettering (similar to the lettering above the City Hall lobby counters) in the Commission Chambers will cost approximately $1,000. The cost of incorporating "In God We Trust" into the City seal would have to be determined over time subject to future budget and appropriations approved by the City Commission. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, Regular 600 PAGE 4 OF 5 - September 24, 2012 City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: 1. The City Attorney recommends that the City Commission consider the legal research and information contained in this agenda item regarding the national and State of Florida motto, "In God We Trust." 2. Based on this research and information, the City Attorney requests that the City Commission provide direction regarding the possible display of the phrase, "In God We Trust," in the Commission Chambers behind the dais and incorporating the phrase into the City's seal. 3. If the City Commission decides to authorize the display of the phrase, "In God We Trust," in the Commission Chambers behind the dais and /or incorporating the phrase into the official City's seal, the City Attorney recommends that said authorization be by resolution. A draft Resolution is provided for consideration and can be modified as the City Commission deems desirable. ATTACHMENTS: 1. Depiction of the Great Seal of the State of Florida 2. U.S. Representative Forbes Background and H. Con. Resolution 274 3. U.S. Department of Treasury — History of "In God We Trust" 4. Draft City of Winter Springs Resolution Regular 600 PAGE 5 OF 5 - September 24, 2012 +w�•iiiiiliiii+`•`i i - VA • 1 AW 14 At- dlo �. ! ; � '�- • f��. ti,� t jib � Aw, � • � ♦ �� � �rpa I r••, t •� p f �a •• lb 4v S• iiiiiiii••• . ��� slftlb i �• iii i i i'i i i In.God We Trust In God We Trust s Page 1 of 2 Attachment 2 Everywhere you look today there is bad news. When I talk to people they tell me they are afraid because they do not know who they can trust. As President Ronald Reagan said, "The time has come to turn to God and reassert our trust in Him for the healing of America ... Our country is in need of, and ready for, a spiritual renewal." In 1956 Congress made "In God We Trust" the official motto of the United States. But that belief has been an integral part of American society since the time of her founding. As President John Kennedy said, "The guiding principle and prayer of this Nation has been, is now, and ever shall be `In God We Trust. "' _ _ Our Founders declared independence from Great Britain "with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor." "Salmon P. Chase, Secretary of the Treasury, said "No nation can be strong except in the The fourth stanza of a poem, `Defense for Fort McHenry,' written by Francis Scott Key in 1814, includes the line: "And this be our motto: `In God is our trust. "' Key's poem was later renamed "The Star Spangled Banner." "As President John Kennedy said, "The guiding principle and prayer of this Nation has been, is now, and ever shall be 'In God We In 1861, in making the decision to inscribe a Trust.""' motto on United States coins, Salmon P. Chase, Secretary of the Treasury, said "No nation can be strong except in the strength of God, or safe except in His defense." In 1864, Congress passed legislation that directed the Mint to develop designs for one and two -cent coins, and `In God We Trust' first appeared on the 1864 two - cent coin. strength of In times of national challenge or tragedy, we God, or safe have turned to God as our source for sustenance, "If we can except in His protection, wisdom, strength, and direction. On p the evening of D -Day, June 6, 1944, President succeed in defense. "" Franklin D. Roosevelt, prayed "Help us, getting 'In 9 9 Almighty God, to rededicate ourselves in renewed faith in Thee in this hour of great God We sacrifice... As we rise to each new day, and again when each day is Trust' spent, let words of prayer be on our lips, invoicing Thy help to our efforts." engraved in I have introduced H.Con.Res.274, to reaffirm our national motto. If we the United can succeed in getting `In God We Trust' engraved in the United States States Capitol Visitor Center, I believe we can succeed in engraving that motto Capitol p on the hearts of Americans once again. Visitor Center, I believe we http: / /www. torenewamerica. comlindex.phplforbes -in- god -we- trust ?tmpl = component &prin... 8/30/2012 In,God We Trust Page 2 of 2 Congressman J. Randy Forbes represents the 4th can succeed District of Virginia. He is founder and chairman of the Congressional Prayer Caucus, a bipartisan group of in engraving over 60 members of Congress whose purpose is to that motto protect America's religious heritage and the right of all the hearts Americans to pray according to their faith. Forbes, LA dob e on along with Members of the Prayer Caucus, led efforts of Americans to ensure that "In God We Trust" was included in the newly constructed Capitol Visitor Center after it had once again." Click Here to Download the been removed and the national motto incorrectly noted Resolution as E Pluribus Unum ShareThis http:// www. torenewarnerica .comlindex.phplforbes -in- god -we- trust ?tmpl= component&prin... 8/30/2012 AVTNENTICATED ub. GOVERNMENT W WENIATION CPO IV 111TH CONGRESS 2D SESSION He CON. RES, 274 Reaffirming "In God We Trust" as the official motto of the United States and supporting and encouraging the public display of the national motto in all public buildings, public schools, and other government institutions. IN THE HOUSE OF REPRESENTATIVES MAY 5, 2010 Mr. FORBES (for himself, Mr. SMITH of Texas, Mr. AIQN, Mr. JORDAN of Ohio, Mr. CONANVAY, Mr. ROGERS of Alabama, Mr. ALEXANDER, Mr. KING of Iowa, Mr. PENCE, Mr. BACHUS, Mr. JONES, Mr. BURTON of In- diana, Mr. KLINE of Minnesota, Mr. RAE of Tennessee, Mr. MOR AN of Kansas, Mr. BOOZMANT, Mr. WILSON of South Carolina, Mr. GINGREY of Georgia, Mr. ADERHOLT, Mr. MILLER of Florida, Mr. MCCOTTER, Mr. THOMPSON of Pennsylvania, Mr. NEUGEBAUER, Mr. LAbIBORN, Mr. SAM JOHNSON of Texas, Mr. TLIHRT, Mr. GoHDIERT, Mr. FRANKS of Arizona, Mrs. B ACHMANN, Mr. G 1RRETT of New Jersey, Mr. LATTA, Mr. HARP- ER, Mr. EHLERS, Mr. WOLF, Ms. FAXX, Mr. PUTNAM, Mr. CRENSH AW, Mr. MCHENRY, Mr. MCINTYRE, Mr. CHAFFETZ, Mr. COLE, Mr. HERGER, Mr. WAMP, Mr. SHUSTER, Mr. BRom7N of South Carolina, Mr. HENSARLING, Mr. BISHOP of Utah, Mr. BROUN of Georgia, Mr. KING- STON, Mr. SHADEGG, Mr. THORNBERRY, Ms. GRANGER, Ms. FALLIN, Mr. CAMP, Mr. GOODLATTE, Mr. PRICE of Georgia, Mr. CULBERSON, Mr. R,OGERS of Kentucky, Mr. WHITFIELD, Mrs. CAPITO, and Mr. COFFMAN of Colorado) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary CONCURRENT RESOLUTION Reaffirming "In God We Trust" as the official motto of the United States and supporting and encouraging the public display of the national motto in all public build- ings, public schools, and other government institutions. 2 Whereas "In God We Trust" is the official motto of the United States; Whereas the sentiment, "In God We Trust ", has been an in- tegral part of United States society since its founding; Whereas in times of national challenge or tragedy, the people of the United States have turned to God as their source for sustenance, protection, wisdom, strength, and direc- tion; Whereas the Declaration of Independence recognizes God, our Creator, as the source of our rights, "We hold these truths to be self - evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. "; Whereas the national anthem of the United States says "praise the power that hath made and preserved us a na- tion . . . and this be our motto: in God is our trust. "; Whereas the words "In God We Trust" appear over the en- trance to the Senate Chamber and above the Speaker's rostrum in the House Chamber; Whereas the oath taken by all Federal employees, except the President, states "I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. "; Whereas John Adams said, "Statesmen may plan and specu- late for Liberty, but it is Religion and Morality alone, which can establish the Principles upon which Freedom can securely stand. "; Whereas if religion and morality are taken out of the market- place of ideas, the very freedom on which the United States was founded cannot be secured; •HCON 274 M 3 Whereas as President Eisenhower said and President Ford later repeated, "Without God, there could be no Amer- ican form of government, nor, an American way of life. "; and Whereas President John F. Kennedy said, "The guiding prin- ciple and prayer of this Nation has been, is now, and ever shall be `In God We Trust. "': Now, therefore, be it 1 Resolved by the House of Representatives (the Senate 2 concurring), That Congress - 3 (1) recognizes that trust in God is embedded 4 into the fabric of society and history of the United 5 States and rejects the notion that the laws and Con - 6 stitution of the United States require the exclusion 7 of God from matters of government and public life; 8 and 9 (2) reaffirms "In God We Trust" as the official 10 motto of the United States and supports and en- 11 courages the public display of the national motto in 12 all public buildings, public schools, and other govern - 13 ment institutions. C •HCON 274 IIi History Eif'In God We Trust' Attachment 3 U.S. DEPARTMENT OF THE TREASURY About History of 'in God We Trust' Page I of 2 The motto IN GOD WE TRUST was placed on United States coins largely because of the increased religious sentiment existing during the Civil War. Secretary of the Treasury Salmon P. Chase received many appeals from devout persons throughout the country, urging that the United States recognize the Deity on United States coins. From Treasury Department records, it appears that the first such appeal came in a letter dated November 13, 1861. It was written to Secretary Chase by Rev. M. R. Watkinson, Minister of the Gospel from Ridleyville, Pennsylvania, and read: Dear Sir. • You are about to submit your annual report to the Congress respecting the affairs of the national finances. One fact touching our currency has hitherto been seriously overlooked. l mean the recognition of the Almighty God in some form on our coins. You are probably a Christian. What if our Republic were not shattered beyond reconstruction? Would not the antiquaries of succeeding centuries rightly reason from our past that we were a heathen nation? What I propose is that instead of the goddess of liberty we shall have next inside the 13 stars a ring inscribed with the words PERPETUAL UNION,• within the ring the allseeing eye, crowned with a halo; beneath this eye the American flag, bearing in its field stars equal to the number of the States united, in the folds of the bars the words GOD, LIBERTY, LAW. This would make a beautiful coin, to which no possible citizen could object. This would relieve us from the ignominy of heathenism. This would place us openly under the Divine protection we have personally claimed. From my hearth 1 have felt our national shame in disowning God as not the least of our present national disasters. To you first I address a subject that must be agitated. As a result, Secretary Chase instructed James Pollock, Director of the Mint at Philadelphia, to prepare a motto, in a letter dated November 20, 1861: Dear Sir. No nation can be strong except in the strength of God, or safe except in His defense. The trust of our people in God should be declared on our national coins. You will cause a device to be prepared without unnecessary delay with a motto expressing in the fewest and tersest words possible this national recognition. It was found that the Act of Congress dated January 18, 1837, prescribed the mottoes and devices that should be placed upon the coins of the United States. This meant that the mint could make no changes without the enactment of additional legislation by the Congress. In December 1863, the Director of the Mint submitted designs for new one -cent coin, two -cent coin, and three -cent coin to Secretary Chase for approval. He proposed that upon the designs either OUR COUNTRY; OUR GOD or GOD, OUR TRUST should appear as a motto on the coins. In a letter to the Mint Director on December 9, 1863, Secretary Chase stated: I approve your mottoes, only suggesting that on that with the Washington obverse the motto should begin with the word OUR, so as to read OUR GOD AND OUR COUNTRY. And on that with the shield, it should be changed so as to read. IN GOD WE TRUST. The Congress passed the Act of April 22, 1864. This legislation changed the composition of the one -cent coin and authorized the minting of the two -cent coin. The Mint Director was directed to develop the designs for these coins for final approval of the Secretary. IN GOD WE TRUST first appeared on the 1864 two -cent coin. hq: / /www. treasury.gov /about/education/Pages /in- god- we- trust.aspx 8/30/2012 .History of 'In God We Trust' Page 2 of 2 Another Act of Congress passed on March 3, 1865. It allowed the Mint Director, with the Secretary's approval, to place the motto on all gold and silver coins that "shall admit the inscription thereon." Under the Act, the motto was placed on the gold double -eagle coin, the gold eagle coin, and the gold half -eagle coin. It was also placed on the silver dollar coin, the half - dollar coin and the quarter - dollar coin, and on the nickel three -cent coin beginning in 1866. Later, Congress passed the Coinage Act of February 12, 1873. It also said that the Secretary "may cause the motto IN GOD WE TRUST to be inscribed on such coins as shall admit of such motto" The use of IN GOD WE TRUST has not been uninterrupted. The motto disappeared from the five -cent coin in 1883, and did not reappear until production of the Jefferson nickel began in 1938. Since 1938, all United States coins bear the inscription. Later, the motto was found missing from the new design of the double -eagle gold coin and the eagle gold coin shortly after they appeared in 1907. In response to a general demand, Congress ordered it restored, and the Act of May 18, 1908, made it mandatory on all coins upon which it had previously appeared. IN GOD WE TRUST was not mandatory on the one -cent coin and five -cent coin. It could be placed on them by the Secretary or the Mint Director with the Secretary's approval. The motto has been in continuous use on the one -cent coin since 1909, and on the ten -cent coin since 1916. It also has appeared on all gold coins and silver dollar coins, half - dollar coins, and quarter - dollar coins struck since July 1, 1908. A law passed by the 84th Congress (P.L. 84 -140) and approved by the President on July 30, 1956, the President approved a Joint Resolution of the 84th Congress, declaring IN GOD WE TRUST the national motto of the United States. IN GOD WE TRUST was first used on paper money in 1957, when it appeared on the one - dollar silver certificate. The first paper currency bearing the motto entered circulation on October 1, 1957. The Bureau of Engraving and Printing (BEP) was converting to the dry intaglio printing process. During this conversion, it gradually included IN GOD WE TRUST in the back design of all Gasses and denominations of currency. As a part of a comprehensive modernization program the BEP successfully developed and installed new high -speed rotary intaglio printing presses in 1957. These allowed BEP to print currency by the dry intaglio process, 32 notes to the sheet. One - dollar silver certificates were the first denomination printed on the new high -speed presses. They included IN GOD WE TRUST as part of the reverse design as BEP adopted new dies according to the law. The motto also appeared on one - dollar silver certificates of the 1957 -A and 1957 -B series. BEP prints United States paper currency by an intaglio process from engraved plates. It was necessary, therefore, to engrave the motto into the printing plates as a part of the basic engraved design to give it the prominence it deserved. One - dollar silver certificates series 1935, 1935-A, 1935 -B, 1935 -C, 1935 -D, 1935 -E, 1935 -F, 1935 -G, and 1935 -H were all printed on the older flat -bed presses by the wet intaglio process. P.L. 84 -140 recognized that an enormous expense would be associated with immediately replacing the costly printing plates. The law allowed BEP to gradually convert to the inclusion of IN GOD WE TRUST on the currency. Accordingly, the motto is not found on series 1935 -E and 1935 -F one - dollar notes. By September 1961, IN GOD WE TRUST had been added to the back design of the Series 1935 -G notes. Some early printings of this series do not bear the motto. IN GOD WE TRUST appears on all series 1935 -H one - dollar silver certificates. Below is a listing by denomination of the first production and delivery dates for currency bearing IN GOD WE TRUST: DENOMINATION PRODUCTION DELIVERY $1 Federal Reserve Note February 12, March 11, 1964 $5 United States Note January 23, 1964 March 2, 1964 $5 Federal Reserve Note July 31, 1964 September 16, 1964 $10 Federal Reserve Note 19� ary 24, April 24, 1964 $20 Federal Reserve NoteOctober 7, 1964 October 7, 1964 $50 Federal Reserve NoteAugust 24, 1966 September 28, 1 966 $100 Federal Reserve August 18, 1966 September 27, Note 1966 hq: / /www. treasury .gov /aboutteducation/Pages /in- god- we- trust.aspx 8/30/2012 Attachment 4 RESOLUTION NUMBER 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE PERMANENT AND PROMINENT DISPLAY OF THE NATIONAL AND STATE OF FLORIDA MOTTO "IN GOD WE TRUST" IN THE CITY COMMISSION CHAMBERS; FURTHER AUTHORIZING THE FUTURE INCORPORATION OF SAID MOTTO INTO THE OFFICIAL CITY SEAL OF WINTER SPRINGS SUBJECT TO A GRADUAL IMPLEMENTATION SCHEDULE PREPARED BY THE CITY MANAGER AND SUBSEQUENT BUDGET AND APPROPRIATION DECISIONS MADE BY THE CITY COMMISSION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, "In God We Trust" was adopted as the official national motto of the United States in 1956, 31 U.S.C. § 186, and is also the motto of the State of Florida, § 15.0301, Fla. Stat.; and WHEREAS, "In God We Trust" is also on the Official Seal of the State of Florida; and WHEREAS, "In God We Trust" is required to be on all U.S. coins and currency of the United States. Pub. L. 84 -140, adopted July 11, 1954; 36 U.S.C. § 302; and WHEREAS, the use of the phrase "In God We Trust" on U.S. currency pre -dates the 1954 statutory requirement when Congress first authorized the National Mint to include "In God We Trust" on coins in 1865, and made its inclusion mandatory on gold and silver coins in 1908; and WHEREAS, the motto "In God We Trust" is inscribed above the Speaker's chair in the U.S. House of Representatives, and also above the main door of the U.S. Senate Chamber; and WHEREAS, in Aronow v. United States, 432 F. 2d 242 (91" Cir. 1970), the use of the motto "In God We Trust" on coins and currency was the first challenged, and the 9th Circuit Court of Appeals held that the use of the phrase on coins and currency did not violate the Establishment Clause. The court reasoned: It is quite obvious that the national motto and the slogan on coinage and currency "In God We Trust" has nothing whatsoever to do with the establishment of religion. Its use is of a patriotic or ceremonial character and bears no true resemblance to a governmental sponsorship of a religious exercise. While "ceremonial' and "patriotic" may not be particularly apt words to describe the category of the national motto, it is excluded from City of Winter Spring, Florida Resolution Number 2012 - Page 1 of 2 First Amendment significance because the motto has no theological or ritualistic impact. As stated by the Congressional report, it has "spiritual and psychological value" and "inspirational quality;" and WHEREAS, in Newdow v. Lefevre, 598 F.3d 638 (9`h Cir. 2010), the Ninth Circuit Court of Appeals again upheld the use of the motto on the nation's coins and currency. Based on Aronow, the court held that statutes requiring placement of the motto did not violate the Establishment Clause of the First Amendment, and the motto did not represent a purely religious dogma or constitute a government endorsement of religion, in violation of the Religious Freedom Restoration Act (RFRA); and WHEREAS, in Lambeth v. Davison County, North Carolina, 407 F.3d 266 (4t' Cir. 2005), the Fourth Circuit Court of Appeals, upheld the county board's decision to authorize the inscription of "In God We Trust" on the fagade of a county government center building. The court reasoned that in this situation, the reasonable observer must be deemed aware of the patriotic uses of the national motto, both historical and present, of the phrase "In God We Trust." Furthermore, a reasonable observer contemplating the inscription of the phrase on the government center would recognize it as incorporating familiar words, a phrase with religious overtones to be sure, but also one long used, with all its accompanying secular and patriotic connotations as our national motto and currency inscription. Therefore, the use of the phrase "In God We Trust" on the government center building did not violate the Establishment Clause; and WHEREAS, in Gaylor v. U.S., 74 F.3d 214 (10`h Cir. 1996), the Tenth Circuit Court of Appeals similarly held statutes establishing "In God We Trust" as the national motto and providing for its reproduction on U.S. currency did not violate the Establishment Clause. See also O'Hair v. Blumenthal, 588 F.2d 1144 (5`" Cir. 1979) (affirming lower court decision holding that the adoption of the national motto "In God We Trust" and the use of it on coin and currency are constitutional); and WHEREAS, in Schmidt v. Cline, 127 F.Supp. 2d 1169 (U.S. D. KS 2000), a claimant challenged the elected County Treasurer's decision to display posters in the treasurer's office bearing the words "In God We Trust." Relying on Gaylor v. U.S., the Court emphasized that the 10th Circuit held that the national motto has a secular purpose, symbolizes the historical role of religion in our society, foster's patriotism, and expresses confidence in the future; that its primary effect is not to advance religion; and that it "does not create an intimate relationship of the type that suggests unconstitutional entanglement of church and state;" and WHEREAS, in Myers v. Loudoun County School Board, 251 F.Supp. 2d 1262 (ED Va. 2003), a school board's implementation of a state statute requiring schools to post the national motto in every public school building was upheld as constitutional; and WHEREAS, the United States Supreme Court, in dicta, has strongly indicated on several occasions that the governmental use of the motto "In God We Trust," does not, at least in certain contexts, contravene the mandate of the establishment clause. See County of Allegheny v. ACLU, 492 U.S. 573 (1989) ([O]ur previous opinions have considered in dicta the[ "In God We Trust "] motto ..., characterizing [it] as consistent with the proposition that government may no City of Winter Spring, Florida Resolution Number 2012 - Page 2 of 4 communicate an endorsement of religious belief. "); Lynch v. Donnelly, 465 U.S. 668 (1984) (O'Conner, J., concurring) ( "[G]overnment's display of the creche in this particular physical setting is no more an endorsement of religion than such governmental `acknowledgments' of religion as ... [the] printing of `In God We Trust' on coins.... "); and WHEREAS, the City Commission recognizes that many cities have chosen to prominently display the national motto on and within government buildings, and that on February 20, 2002, the city of Bakersfield, California became the first city in recent years to vote to display the national motto, "In God We Trust," at city hall; and WHEREAS, in November of 2011, the U.S. House of Representatives passed a nonbinding resolution by a vote of 396 to 9 reaffirming "In God We Trust" as the official national motto of the United States. Representative Randy Forbes (R. -Va.) sponsored the measure to reverse what he called "a disturbing pattern of inaccuracy in omissions regarding the motto;" and WHEREAS, the City Commission recognizes that the U.S. House Resolution not only reaffirms the official motto of the United States, but also supports and encourages the public display of the national motto in all public buildings, public schools, and other government institutions; and WHEREAS, the City Commission desires to support the U.S. House Resolution by adopting this Resolution to authorize the permanent and prominent display of the national and State of Florida motto "In God We Trust" in the City Commission Chambers, and to further authorize the future incorporation of said motto into the official City seal of Winter Springs subject to a gradual implementation schedule prepared by the City Manager and subsequent budget and appropriation decisions made by the City Commission; and WHEREAS, the City Commission is relying upon the aforementioned legal authority for purposes of adopting this Resolution; and WHEREAS, the City Commission hereby finds that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Winter Springs, Florida as follows: Section 1. Intent and Purpose. This Resolution is intended to have secular, non- religious purpose. The intent and purpose of this Resolution is to recognize that the national and State of Florida motto, "In God We Trust," symbolizes the historical role of religion in our society, foster's patriotism, and expresses confidence in the future. Further, as recognized by the courts, the primary effect of this Resolution (display of the motto) is not to advance religion; and that this Resolution is not intended to promote or support an unconstitutional entanglement of church and state. In addition, this Resolution is intended to support the request made by the U.S. House of Representatives in H. Con. Res. 274 adopted during the 111 'h Congress 2d Session to publicly display the national motto in public buildings. City of Winter Spring, Florida Resolution Number 2012 - Page 3 of 4 Section 2. Public Display of "In God We Trust" In Commission Chambers. The City Commission hereby determines that the historic and patriotic words of our national and State of Florida motto, "In God We Trust," shall be permanently and prominently displayed in the City Commission Chambers behind the dais above the official City Seal. The lettering for the motto shall be in the same form as the lettering used in the City Hall atrium (Community Development, Human Resources, etc.) at the east and west customer counters. Section 3. Incorporation into the Official City Seal. The City Commission hereby determines that the historic and patriotic words of our national and State of Florida motto, "In God We Trust," shall be incorporated into the official City Seal. The City Manager is hereby directed to present a modified City Seal for the City Commission's consideration as soon practicable. Upon approval of the modified official City Seal by the City Commission by ordinance pursuant to section 165.043, Florida Statutes, the new City Seal shall be gradually introduced wherever the display of the City Seal is appropriate in accordance with an implementation schedule approved by the City Manager and subject to future budget and appropriations approved by the City Commission to the extent necessary. Section 4. Effective Date. This Resolution shall take effect on September 24, 2012. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the 24th day of September, 2012. In witness whereof, I have hereunto set my hand and caused this seal to be affixed. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ANTHONY A. GARGANESE, City Attorney City of Winter Spring, Florida Resolution Number 2012 - Page 4 of 4