Finally, in 1940, a full hearing was given by the Court to the case styled Minersville School District v. Gobitis.k An array of celebrated lawyers filed briefs in the case on both sides. J. F. Rutherford presented oral argument on behalf of Walter Gobitas and his children. A member of the law department of Harvard University represented the American Bar Association and the Civil Liberties Union in arguing against compulsory flag saluting. However, their arguments were rejected, and with only one dissenting vote, the Supreme Court, on June 3, ruled that children who would not salute the flag could be expelled from the public schools.

[Box on page 684]

A Witness to the U.S. Supreme Court

When appearing before the Supreme Court of the United States as legal counsel in the “Gobitis” case, Joseph F. Rutherford, a member of the New York Bar and the president of the Watch Tower Society, clearly focused attention on the importance of submitting to the sovereignty of Jehovah God. He said:

“Jehovah’s witnesses are those who bear testimony to the name of Almighty God, whose name alone is JEHOVAH. . . .

“I call attention to the fact that Jehovah God, more than six thousand years ago, promised to establish through the Messiah a government of righteousness. He will keep that promise in due season. The present-day facts in the light of prophecy indicate that it is near. . . .

“God, Jehovah, is the only source of life. No one else can give life. The State of Pennsylvania cannot give life. The American Government cannot. God made this law [forbidding the worship of images], as Paul puts it, to safeguard His people from idolatry. That is a small thing, you say. So was the act of Adam in eating of the forbidden fruit. It was not the apple that Adam ate, but it was his act of disobeying God. The question is whether man will obey God or obey some human institution. . . .

“I remind this Court (it is hardly necessary that I do so) that in the case of ‘Church v. United States’ this Court held that America is a Christian nation; and that means that America must be obedient to the Divine law. It also means that this Court takes judicial notice of the fact that the law of God is supreme. And if a man conscientiously believes that God’s law is supreme and conscientiously deports himself accordingly, no human authority can control or interfere with his conscience. . . .

“I may be permitted to call attention to this: that at the opening of every session of this Court the crier announces these words: ‘God save the United States and this honorable Court.’ And now I say, God save this honorable Court from committing an error that will lead this people of the United States into a totalitarian class and destroy all the liberties guaranteed by the Constitution. This is a matter that is sacred to every American who loves God and His Word.”