HomeMy WebLinkAboutResolution 2012-36 Adding the motto "In God we Trust" to the City Seal RESOLUTION NUMBER 2012-36
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 (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.
***
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 2012-36
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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 (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 façade 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
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
('it). of V' inter spring, Horida
Resolution Number 2012:16
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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 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 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 111th Congress 2d Session to
publicly display the national motto in public buildings.
Cit■ ()I Winter Spring. I k,ricla
(°�c>(3lution Number 2012-.16
Page 3 o( -1
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.
410-‘1.... r�
CHA' ES LACEY, NI- ?or
ATTE T:
'1 1 RENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City o inter Springs, Florida only:
ANTHONY A. GARGANESE, City Attorney
('it■ 01 Winter Spring, Florida
Resolution Number 2012-'4)
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