On Sept. 4, instead of employing the Establishment Clause, Attorney David Niose argued in the Massachusetts Supreme Judicial Court that compulsory recitation of the pledge violates the Equal Rights Amendment of the Massachusetts Constitution, and is an issue of discrimination. This court had previously ruled on similar grounds that same-sex couples have the right to marry in Massachusetts.
MORE: http://www.washingtonpost.com/blogs/on-faith/wp/2013/09/12/nothing-says-divisible-like-under-god/