If he is not pledging himself to the flag, this child is then not considering himself a citizen. He is, as most wannabe lawyers, using the existing laws to subvert the laws he disagrees with. I don't think a 5th grade kid has the life experience to make that decision. He is within his rights to commit a civil disobedience out side of school, but not within it's bounds in my book. He needs counseling, happiness, health care and security are not guaranteed, not by a long shot. And if gay marriage is your pursuit to happiness, have at it. The pursuit is guaranteed, but not the result. I feel that the majority rules as long as no one is infringed upon. This kid is certainly not a majority.