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
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In.God We Trust
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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.
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.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
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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
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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.
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Resolution Number 2012 -
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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 -
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