HomeMy WebLinkAboutOrdinance 2012-23 Adding the motto "In God We Trust" to the City Seal ORDINANCE NUMBER 2012-23
A ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA APPROVING A
MODIFIED CITY SEAL IN ACCORDANCE WITH SECTION
165.043, FLORIDA STATUTES BY INCORPORATING THE
NATIONAL AND STATE MOTTO "IN GOD WE TRUST;"
PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, AND
AN EFFECTIVE DATE.
WHEREAS,pursuant to Resolution 2012-36, the City Commission directed that the City
Attorney and City Manager proceed with preparing the necessary documents to modify the
City's Official Seal to incorporate the national and state motto "In God We Trust;" and
WHEREAS, section 165.043, Florida Statutes requires a municipality to adopt an
ordinance to designate an official municipal seal; and
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 (9th 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.
City of Winter Spring, Florida
Ordinance Number 2012-23
Page 1 of 2
***
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;" and
WHEREAS, 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); and
WHEREAS, 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 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 (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); 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
City of Winter Spring, Florida
Ordinance Number 2012-23
Page 2 of 5
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
communicate an endorsement of religious belief."); Lynch v. Donnelly, 465 U.S. 668 (1984)
(O'Conner, J., concurring) ("[G]overnment's display of the crèche 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 Ordinance; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best
interests of the public health, safety and welfare of the citizens of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Intent and Purpose. This Ordinance is intended to modify the Official City
Seal and afford said seal all the privileges and protection provided pursuant to Section 165.043,
City of Winter Spring, Florida
Ordinance Number 2012-23
Page 3 of 5
Florida Statutes. In addition, the inclusion of the motto "In God We Trust" into the City Seal is
intended to have a secular, non-religious purpose. The intent and purpose of this inclusion 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 Ordinance (display of the
motto) is not to advance religion; and that this Ordinance is not intended to promote or support
an unconstitutional entanglement of church and state. In addition, this Ordinance is intended to
support the request made by the U.S. House of Representatives in H. Con. Res. 274 adopted
during the 111th Congress 2d Session to publicly display the national motto in public buildings.
Section 3. Adoption of Modified Official City Seal. Pursuant to Section 165.043,
Florida Statutes, the City Commission hereby adopts, as the City's Official Seal, the seal which
is depicted on EXHIBIT "A," which is attached hereto and fully incorporated herein by this
reference. 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. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Resolution shall take effect immediately upon approval
of the City Commission and as provided by City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular
Meeting duly assembled on the 22nd day of October, 2012.
ACE , yor
ATTE T:'
A
AA:ri`Y�!- ! '.' ZO-LUACES, City Clerk
City of Winter Spring, Florida
Ordinance Number 2012-23
Page 4 of 5
Approved as to legal form and sufficiency for
the City of W. ter Springs, Florida only:
ANTHONY A. GARGANESE, City Attorney
First Reading: October 8, 2012
Legal Ad Published: October 12, 2012
Effective Date: See Section 6.
City of Winter Spring. Florida
Ordinance Number 2012-23
Pa<ge 5 of 5
000��' 3M Q
m
Z
W
� 6S6 s daoaut •
2 .�