Abington Township School District v. Schempp
Supreme Court of the United States
Argued February 27 – 28, 1963 Decided June 17, 1963
Full case name: School District of Abington Township, Pennsylvania, et al. v. Schempp et al. Citations: 374 U.S. 203; 83 S. Ct. 1560; 10 L. Ed. 2d 844; 1963 U.S. LEXIS 2611 Prior history: Appeal from the United States District Court for the Eastern District of Pennsylvania
Holding
The Court decided 8-1 in favor of the respondent, Edward Schempp, and declared sanctioned organized Bible reading in public schools in the United States to be unconstitutional.
Court membership
Chief Justice: Earl Warren Associate Justices: Hugo Black, William O. Douglas, Tom C. Clark, John Marshall Harlan II, William J. Brennan, Potter Stewart, Byron White, Arthur Joseph Goldberg
Case opinions
Majority by: Clark Joined by: Warren, Black, White, Douglas, Goldberg, Harlan, Brennan Concurrence by: Douglas Concurrence by: Brennan Concurrence by: Goldberg Joined by: Harlan Dissent by: Stewart
Laws applied
U.S. Const. amends. I, XIV

Abington Township School District v. Schempp (consolidated with Murray v. Curlett), 374 U.S. 203 (1963),^[1] was a United States Supreme Court case argued on February 27–28, 1963 and decided on June 17, 1963. In the case, the Court decided 8-1 in favor of the respondent, Edward Schempp, and declared school sponsored Bible reading in public schools in the United States to be unconstitutional. The case was part of a string of Supreme Court cases ruling on the place of religion in public schools, and was both condemned by religious conservatives and celebrated by those who supported constitutional separation of church and state. The reason why it was taken out was the following, "If portions of the New Testament were read without explanation, they could be, and had been, psychologically harmful to the child." Image File history File links Seal_of_the_United_States_Supreme_Court. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... The term public school has two distinct meanings: elementary or secondary school supported and administered by state and local officials, or, in England, Wales, and Northern Ireland, a private or independent, fee-paying school, generally not coeducational, which prepares pupils for university. ... Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... Tom Campbell Clark (September 23, 1899 in Dallas, Texas –June 13, 1977) was United States Attorney General from 1945-1949 and an Associate Justice of the Supreme Court of the United States (1949-1967). ... John Marshall Harlan II (May 20, 1899 – December 29, 1971) was an Associate Justice of the United States Supreme Court. ... William J. Brennan, official portrait, 1976. ... Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. ... Byron Raymond White (June 8, 1916 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ... Arthur Goldberg Arthur Joseph Goldberg (August 8, 1908 – January 19, 1990) was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice, and Ambassador to the United Nations. ... The Bill of Rights in the National Archives The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments, intended to secure rights for former slaves. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... 1963 (MCMLXIII) was a common year starting on Tuesday (the link is to a full 1963 calendar). ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... February 27 is the 58th day of the year in the Gregorian calendar. ... February 28 is the 59th day of the year in the Gregorian calendar. ... 1963 (MCMLXIII) was a common year starting on Tuesday (the link is to a full 1963 calendar). ... June 17 is the 168th day of the year in the Gregorian calendar (169th in leap years), with 197 days remaining. ... 1963 (MCMLXIII) was a common year starting on Tuesday (the link is to a full 1963 calendar). ... The term public school has two distinct meanings: elementary or secondary school supported and administered by state and local officials, or, in England, Wales, and Northern Ireland, a private or independent, fee-paying school, generally not coeducational, which prepares pupils for university. ... Constantines Conversion, depicting the conversion of Emperor Constantine the Great to Christianity, by Peter Paul Rubens. ...

Background

Origin of case

The Abington case began when Edward Schempp, a Unitarian and a resident of Abington Township, Pennsylvania, filed suit against the Abington Township School District in the Federal District Court for the Eastern District of Pennsylvania to prohibit the enforcement of a Pennsylvania state law that required his children, specifically Ellery Schempp, to hear and sometimes read portions of the Bible as part of their public school education. That law (24 Pa. Stat. 15-1516, as amended, Pub. Law 1928) required that "[a]t least ten verses from the Holy Bible [be] read, without comment, at the opening of each public school on each school day." Schempp specifically contended that the statute violated his and his family's rights under the First and Fourteenth Amendments.^[2] Historic Unitarianism believed in the oneness of God as opposed to traditional Christian belief in the Trinity (Father, Son, and Holy Spirit). ... Abington Township is a township located in Montgomery County, Pennsylvania. ... Ellery Schempp (August 1940 – ), born Ellory Schempp, is a controversial physicist who is also famous for being the primary student involved in the landmark 1963 United States Supreme Court case of Abington School District v. ... This Gutenberg Bible is displayed by the United States Library of Congress. ... The term public school has two distinct meanings: elementary or secondary school supported and administered by state and local officials, or, in England, Wales, and Northern Ireland, a private or independent, fee-paying school, generally not coeducational, which prepares pupils for university. ...

When it was brought, this case illustrated for Americans the metamorphosis their society was undergoing. Although many must have disagreed with local school districts conducting organized prayers and Bible readings, only a small minority vocally expressed objection to the statutes mandating those activities. Most U.S. citizens held the belief that the United States was a nation founded on Christian principles. Yet, in spite of their widely held beliefs, as early as 1890, many states were rolling back mandates of state sponsored devotional exercises in the classroom (Boston, 1993, p. 105). This article or section does not cite any references or sources. ... 1890 (MDCCCXC) was a common year starting on Wednesday (see link for calendar) of the Gregorian calendar (or a common year starting on Friday of the Julian calendar). ...

Like four other states, Pennsylvania law included a statute compelling school districts to perform Bible readings in the mornings before class. Twenty-five states had laws allowing "optional" Bible reading, with the remainder having no laws supporting or rejecting Bible reading. In eleven of those states with laws supportive of Bible reading or state-sponsored prayer, courts had declared them unconstitutional (Boston, 1993, p. 101). The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...

More famous than Schempp was the plaintiff in Murray v. Curlett, the son of Madalyn Murray O'Hair, who founded the group American Atheists in 1963. Madalyn Murray OHair (April 13, 1919 – September 29, 1995) was an American who founded American Atheists, and campaigned for the separation of church and state. ...

The district court arguments

At the first District Court trial, Edward Schempp and his children testified as to specific religious doctrines purveyed by a literal reading of the Bible "which were contrary to the religious beliefs which they held and to their familial teaching" (177 F. Supp. 398, 400). The children testified that all of the doctrines to which they referred were read to them at various times as part of the exercises. Edward Schempp testified at the second trial that he had considered having his children excused from attendance at the exercises but decided against it for several reasons, including his belief that the children's relationships with their teachers and classmates would be adversely affected.

The district court ruling

The district court ruled in Schempp's favor, and struck down the Pennsylvania statute. The school district appealed the ruling, and while that appeal was pending, the Pennsylvania legislature amended the statute to allow children to be excused from the exercises upon the written request of their parents. This change did not satisfy Schempp, however, and he continued his action against the school district, charging that the amendment of the law did not change its nature as an unconstitutional establishment of religion. (Due to the change in the law, the Supreme Court had responded to the school district's appeal by vacating the first ruling and remanding the case back to the district court.) The district court again found for Schempp. The school district appealed to the Supreme Court again, and, on appeal, the case was consolidated with a similar Maryland case launched by Madalyn Murray (Boston, 1993, p. 106). It has been suggested that Mandate (law) be merged into this article or section. ... Official language(s) None (English, de facto) Capital Annapolis Largest city Baltimore Area  Ranked 42nd  - Total 12,407 sq mi (32,133 km²)  - Width 90 miles (145 km)  - Length 249 miles (400 km)  - % water 21  - Latitude 37°53N to 39°43N  - Longitude 75°4W to 79°33... Madalyn Murray OHair (April 13, 1919 – September 29, 1995) was an American who founded American Atheists, and campaigned for the separation of church and state. ...

The district court ruling in the second trial, in striking down the practices and the statute requiring them, made specific findings of fact that the children's attendance at Abington Senior High School was compulsory and that the practice of reading 10 verses from the Bible was also compelled by law. It also found that:

The reading of the verses, even without comment, possesses a devotional and religious character and constitutes in effect a religious observance. The devotional and religious nature of the morning exercises is made all the more apparent by the fact that the Bible reading is followed immediately by a recital in unison by the pupils of the Lord's Prayer. The fact that some pupils, or theoretically all pupils, might be excused from attendance at the exercises does not mitigate the obligatory nature of the ceremony for . . . Section 1516 . . . unequivocally requires the exercises to be held every school day in every school in the Commonwealth. The exercises are held in the school buildings and perforce are conducted by and under the authority of the local school authorities and during school sessions. Since the statute requires the reading of the 'Holy Bible,' a Christian document, the practice . . . prefers the Christian religion. The record demonstrates that it was the intention of . . . the Commonwealth . . . to introduce a religious ceremony into the public schools of the Commonwealth. (201 F. Supp., at 819; quoted in 374 U.S. 203 (1963)) Representation of the Sermon on the Mount The Lords Prayer in Swahili. ...

Precedents for case

Abington explicitly upheld Engel v. Vitale, in which the Court ruled that the sanctioning of a prayer by the school amounted to a violation of the Establishment Clause of the First Amendment to the United States Constitution which states: "Congress shall make no law respecting an establishment of religion". The Abington court held that in organizing a reading of the Bible, the school was conducting "a religious exercise", and "that cannot be done without violating the 'neutrality' required of the State by the balance of power between individual, church and state that has been struck by the First Amendment" (374 U.S. 203 (1963)). Over the previous two decades, the Supreme Court, by incorporating specific rights into the Due Process Clause of the Fourteenth Amendment, had steadily increased the extent to which rights contained in United States Bill of Rights were applied against the states.^[3] Abington was a continuation of this trend with regard to the Establishment of Religion Clause of the First Amendment, and specifically built upon Supreme Court precedents in Cantwell v. Connecticut (310 U.S. 296 (1940)), Everson v. Board of Education (330 U.S. 1 (1947)), and McCollum v. Board of Education (333 U.S. 203 (1948)). Holding Government-directed, denominationally neutral and non-mandatory prayer in public schools violates the Establishment Clause of the First Amendment. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments, intended to secure rights for former slaves. ... Image of the United States Bill of Rights from the U.S. National Archives and Records Administration The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... Holding The Free Exercise Clause of the First Amendment is incorporated against the states by the Fourteenth Amendment. ... Holding The Establishment Clause of the First Amendment is incorporated against the states. ... McCollum v. ...

Opinions

The Supreme Court granted certiorari in order to settle the persistent and vigorous protests resulting from its previous decision in Engel v. Vitale regarding religion in schools (White & Zimmerman, p. 70). Holding Government-directed, denominationally neutral and non-mandatory prayer in public schools violates the Establishment Clause of the First Amendment. ...

The decision

Clark continued that the Court was of the feeling that no matter the religious nature of the citizenry, the government at all levels, as required by the Constitution, must remain neutral in matters of religion "while protecting all, prefer[ring] none, and disparag[ing] none". The Court had clearly rejected the contention by many that the Establishment Clause forbade only governmental preference of one faith over another (Eastland, 1993, p. 59). The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ...

Citing Justice Hugo Black in Torcaso v. Watkins, Justice Clark added, "We repeat and again reaffirm that neither a State nor the Federal Government can constitutionally force a person 'to profess a belief or disbelief in any religion'". Neither can constitutionally pass laws or impose requirements which aid all religions as against non-believers, and neither can aid those religions based on a belief in the existence of God as against those religions founded on different beliefs". Such prohibited behavior was that self-evident in the Pennsylvania law requiring Bible reading (and allowing recitation of the Lord's Prayer) in its public schools. The Court recognized the value of such ideal neutrality from lessons of history when government and religion were either fully fused or cooperative with one another and religious liberty was nonexistent or seriously curtailed. Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ...

William J. Brennan's concurrence

Justice Brennan filed the only lengthy and truly historically significant concurrence in this case. The Justice took seventy-three pages to elaborate his ideas about what the Framers intended in the formation of the First and Fourteenth Amendments, gauging the value of religion in our culture, reviewing past precedents, and suggesting a course for future church-state cases. Brennan felt the need to focus on the history of the Establishment Clause to counter numerous critics of the Court's Engel decision, who pointed out that prayer in public schools, as well as in many other areas of public life, was a longstanding practice going back to the framing of the Constitution and Bill of Rights. He professed to be aware of the "ambiguities in the historical record" and felt a modern-day interpretation of the First Amendment was warranted (Davis, 1991, p. 77). In defense of that approach, Brennan stated: For other uses, see concurrency. ... Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making. ... Look up Future in Wiktionary, the free dictionary. ...

Whatever Jefferson or Madison would have thought of Bible reading or the recital of the Lord's Prayer in ... public schools ..., our use of the history ... must limit itself to broad purposes, not specific practices. ... [T]he Baltimore and Abington schools offend the First Amendment because they sufficiently threaten in our day those substantive evils the fear of which called forth the Establishment Clause. ... [O]ur interpretation of the First Amendment must necessarily be responsive to the much more highly charged nature of religious questions in contemporary society. A too literal quest for the advice of the Founding Fathers upon the issues of these cases seems to me futile and misdirected Thomas Jefferson (13 April 1743 N.S.–4 July 1826) was the third President of the United States (1801–09), the principal author of the Declaration of Independence (1776), and one of the most influential Founding Fathers for his promotion of the ideals of Republicanism in the United States. ... James Madison (March 16, 1751 – June 28, 1836), an American politician and fourth President of the United States of America (1809–1817), was one of the most influential Founders of the United States. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ...

In answer to critics of a broad interpretation of the prohibitions against government in the realm of religion, Brennan said, "nothing in the text of the Establishment Clause supports the view that the prevention of the setting up of an official church was meant to be the full extent of the prohibitions against official involvements in religion".

In the third section of his exhaustive concurrence, Justice Brennan charted the course that led to the incorporation of the First Amendment's religion clauses by way of answering the charge of Abington Township's counsel that Pennsylvania's Bible reading statute was a state issue, outside the purview of the federal court system, including that of the Supreme Court. He labeled the daily recitals of the Lord's Prayer and reading of the Bible as "quite [clear] breaches of the command of the Establishment Clause". He noted the long history of such practices, even before the "founding of our Republic". Additionally, he did not neglect to mention that most of those who demanded reading of the Bible and prayer in schools were hoping to serve "broader goals than compelling formal worship of God or fostering church attendance". He cited the 1858 words of the Wisconsin Superintendent of Public Instruction, who saw the Bible as aptly suited to "teaching the noblest principles of virtue, morality, patriotism, and good order". Forms of government Part of the Politics series Politics Portal This box:      A republic is a form of government maintained by a state or country whose sovereignty is based on popular consent and whose governance is based on popular representation and control. ... This article discusses the term God in the context of monotheism and henotheism. ... Personification of virtue (Greek ἀρετή) in Celsus Library in Ephesos, Turkey Virtue (Latin virtus; Greek ) is moral excellence of a person. ... This article or section cites very few or no references or sources. ... This article or section may contain original research or unverified claims. ...

Justice Brennan took great pains to also show that many states, such as South Dakota, New Hampshire, Wisconsin, Ohio and Massachusetts, had already enacted and revoked laws similar to Pennsylvania's by the first half of the twentieth century. In addition, many political leaders including attorneys general and presidents like Ulysses S. Grant and Theodore Roosevelt insisted that "matters of religion be left to family altars, churches and private schools" and "[It] is not our business to have the Protestant Bible or the Catholic Vulgate or the Talmud read in [public] schools" (though such statements on the part of Grant must be viewed on the backdrop of Grant's virulent anti-Catholicism, a spirit which drove many of the anti-Catholic 19th century Republican Party to champion laws sharply curbing public financing of religious practices out of fear of state financing of Catholic schools). Official language(s) English Capital Pierre Largest city Sioux Falls Area  Ranked 17th  - Total 77,163 sq mi (199,905 km²)  - Width 210 miles (340 km)  - Length 380 miles (610 km)  - % water 1. ... Official language(s) English Capital Concord Largest city Manchester Area  Ranked 46th  - Total 9,359 sq mi (24,239 km²)  - Width 68 miles (110 km)  - Length 190 miles (305 km)  - % water 3. ... Official language(s) None Capital Madison Largest city Milwaukee Area  Ranked 23rd  - Total 65,498 sq mi (169,790 km²)  - Width 260 miles (420 km)  - Length 310 miles (500 km)  - % water 17  - Latitude 42°30N to 47°3N  - Longitude 86°49W to 92°54W Population  Ranked... Official language(s) None Capital Columbus Largest city Columbus Largest metro area Cleveland Area  Ranked 34th  - Total 44,825 sq mi (116,096 km²)  - Width 220 miles (355 km)  - Length 220 miles (355 km)  - % water 8. ... Official language(s) English Capital Boston Largest city Boston Area  Ranked 44th  - Total 10,555 sq mi (27,360 km²)  - Width 183 miles (295 km)  - Length 113 miles (182 km)  - % water 13. ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999... President is a title held by many leaders of organizations, companies, trade unions, universities, and countries. ... Ulysses S. Grant[2] (born Hiram Ulysses Grant, April 27, 1822 – July 23, 1885) was an American general and the 18th President of the United States (1869–1877). ... Theodore Roosevelt, Jr. ... The Vulgate Bible is an early 5th century translation of the Bible into Latin made by St. ... The first page of the Vilna Edition of the Babylonian Talmud, Tractate Berachot, folio 2a The Talmud (Hebrew: תלמוד) is a record of rabbinic discussions pertaining to Jewish law, ethics, customs and history. ...

Brennan's concurrence also recognized the plurality of religious thought in the nation as basis enough for restriction of church and state relations. He cited this lack of appreciation of that pluralism as the "basic flaw" of Pennsylvania's Bible reading statute and Abington Township's defense of it: Pluralism is used, often in different ways, across a wide range of topics: In science, the concept often describes the view that several methods, theories or points of view are legitimate or plausible, see Scientific pluralism. ...

There are persons in every community—often deeply devout—to whom any version of the Judaeo-Christian Bible is offensive. There are others whose reverence for the Holy Scriptures demands private study or reflection and to whom public reading or recitation is sacrilegious.... To such persons it is not the fact of using the Bible in the public schools, nor the content of any particular version, that is offensive, but the manner in which it is used.

Potter Stewart's dissent

Justice Potter Stewart filed the only dissent in the case. In it, he was critical of both the lower court opinions and the decision the Supreme Court had reached regarding them. He wished to remand the case to lower courts for further proceedings. The phrase lower court has several possible meanings in English: In reference to an appeal, the lower court is the court whose decision is being reviewed. ...

Stewart had dissented in Engel v. Vitale and viewed the doctrine relied on in that case as implausible, given the long history of government religious practice in the United States, including the fact that the Supreme Court opens its own sessions with the declaration, "God Save this Honorable Court" and that Congress opens its sessions with prayers, among many other examples. Stewart believed that such practice fit with the nation's long history of permitting free exercise of religious practices, even in the public sphere.

He declared the cases consolidated with Schempp as "so fundamentally deficient as to make impossible an informed or responsible determination of the constitutional issues presented"—specifically, of whether the Establishment Clause was violated. As to the intent and scope of the religion clauses of the First Amendment:

It is, I think, a fallacious oversimplification to regard the [religion clauses] as establishing a single constitutional standard of "separation of church and state", which can be applied in every case to delineate the required boundaries between government and religion.... As a matter of history, the First Amendment was adopted solely as a limitation upon the newly created National Government. The events leading to its adoption strongly suggest that the Establishment Clause was primarily an attempt to insure that Congress not only would be powerless to establish a national church, but would also be unable to interfere with existing state establishments. ... So matters stood until the adoption of the Fourteenth Amendment, or more accurately, until this Court's decision in Cantwell....

He stated his agreement with the doctrine of the Fourteenth Amendment's embrace and application of the Bill of Rights, but pointed out the irony of such an amendment "designed to leave the States free to go their own way should now have become a restriction upon their autonomy" (Eastland, 1993, pp. 165).

Other critics of the Court's findings in Abington v. Schempp often quote the following excerpt from Justice Stewart's opinion:

If religious exercises are held to be an impermissible activity in schools, religion is placed in an artificial and state-created disadvantage.... And a refusal to permit religious exercises thus is seen, not as the realization of state neutrality, but rather as the establishment of a religion of secularism, or at least, as governmental support of the beliefs of those who think that religious exercises should be conducted only in private (Eastland, 1993, pp. 165). This article or section does not cite any references or sources. ...

Backlash

The public was divided in reaction to the Court's decision; the decision has sparked persistent and ongoing criticism from proponents of prayer in school. In 1964, Life magazine declared Madalyn Murray O'Hair, the mother of the plaintiff in one of the cases, "the most hated woman in America." [1] Madalyn Murray OHair (April 13, 1919 – September 29, 1995) was an American who founded American Atheists, and campaigned for the separation of church and state. ...

Newspapers were no exception. The Washington Evening Star was indeed rather critical of the decision, declaring that "God and religion have all but been driven from the public schools. What remains? Will the baccalaureate service and Christmas carols be the next to go? Don't bet against it." (Eastland, 1993, pp. 165). In contrast, the New York Times was more accepting of the Court's ruling. The paper printed significant portions of the opinions with no significant comments, either supportive or critical (Lewis, 1963, p. 16). The Washington Star was a daily newspaper published in Washington, D.C.. It was first published by Captain Joseph Borrows Tate as The Daily Evening Star on December 16, 1852. ... This page is about carols in general; for the short story by Charles Dickens, see A Christmas Carol. ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ...

The views of various religious entities on the decision split between mainline Protestants and Jews, who in general strongly supported the decision, and evangelical Protestants and conservative Catholics, who strongly opposed the decision. Speaking from the conservative Protestant perspective, the Reverend Dr. Billy Graham said, "[i]n my opinion ... the Supreme Court ... is wrong. ... Eighty percent of the American people want Bible reading and prayer in the schools. Why should a majority be so severely penalized ...?" (New York Times, 1963, p. 17). The mainline denominations, with the exception of the Roman Catholic Church, registered less critical opinions of the verdict, in fact seeing it as a boon to religious freedom by its very limiting of governmental authority in the sphere of public schools (Dugan, 1963, p. 18). However, a majority of fundamentalist Christians today regard this decision as the one which "kicked God and prayer out of the schools" (McWilliams, 1993, p. 170). Protestantism is a general grouping of denominations within Christianity. ... The Reverend is an honorary prefix added to the names of Christian clergy and ministers. ... This article or section does not adequately cite its references or sources. ... The Roman Catholic Church or Catholic Church (see terminology below) is the Christian Church in full communion with the Bishop of Rome, currently Pope Benedict XVI. It traces its origins to the original Christian community founded by Jesus Christ and led by the Twelve Apostles, in particular Saint Peter. ... This article or section does not cite any references or sources. ... This article discusses the term God in the context of monotheism and henotheism. ... Mary Magdalene in prayer. ...

Subsequent history

The United States Congress reacted swiftly; by April 1964, over 150 resolutions to overturn the decision by amending the Constitution had been proposed (O'Hair, 1974, p. 55). Calls continue today, mostly from conservative Republican and Religious Right activists, for an amendment to the Constitution to allow students to pray or read the Bible. This springs from the belief, on the part of school districts, parents, and concerned religious groups, that Abington v. Schempp prohibited such activity, when it actually restrained the government from interfering either to promote or prohibit such activity (Boston, 1993, p. 227). 1964 (MCMLXIV) was a leap year starting on Wednesday (the link is to a full 1964 calendar). ...

Abington v. Schempp was used as precedent for similar cases like Board of Education v. Allen and Lemon v. Kurtzman in the decades that followed. The three part Lemon test had its basis in the jurisprudence of Abington v. Schempp. Under the test, a given church-state law is subjected to three criteria: sponsorship, financial support, and active involvement of the government in religious activity. Failure in any one of those realms allow the measure to be declared unconstitutional Holding For a law to be considered constitutional under the Establishment Clause of the First Amendment, the law must have a legitimate secular purpose, must not have the primary effect of either advancing or inhibiting religion, and must not result in an excessive entanglement of government and religion. ... A decade is a set or a group of ten, commonly a period of 10 years in contemporary English, or a period of 10 days in the French revolutionary calendar. ...

See also

• Philadelphia Nativist Riots
• Montgomery County, Pennsylvania

The Philadelphia Nativist Riots (also known as the Philadelphia prayer riots of 1844 and the Bible Riots) were a series of riots that took place May 3 and July 4, 1844. ... This article or section does not cite its references or sources. ...

References

1. ^ 374 U.S. 203 (Full text of the decision courtesy of Findlaw.com)
2. ^ Abington School District v. Schempp and Murray v. Curlett 374 U.S. 203 (1963).
3. ^ The process of incorporation, or nationalization as it is also known, of the United States Bill of Rights began with cases (164 U.S. 403 (1896) and 166 U.S. 226 (1897)) pitting the railroads against the government over just compensation for the taking of private property, due all persons (and corporations) under the Fifth Amendment. Next was First Amendment Freedom of Speech, in Fiske v. Kansas 274 U.S. 380 (1927). Freedom of Religion was first incorporated (albeit in dictum) in Hamilton v. Regents of the University of California 293 U.S. 245 (1934), and made official in Cantwell v. Connecticut 310 U.S. 296 (1940). Finally in Engel v. Vitale 370 U.S. 421 (1962), the court ruled that a state could not write or sanction an official prayer to be read by students at school. For a more detailed history of Incorporation, see Incorporation (Bill of Rights).

• Billy Graham voices shock over decision. (18 June 1963). New York Times. p. 17.
• Boston, Robert. (1993). Why the religious right is wrong: About separation of church and state. (1st ed.). Buffalo: Prometheus Books. ISBN 0-87975-834-1
• Davis, Derek. (1991). Original Intent: Chief Justice Rehnquist and the Course of American Church-State Relations. Buffalo: Prometheus Books.
• Dugan, George. (18 June 1963). Churches divided, with most in favor. New York Times, p. 18.
• Eastland, Terry, ed. (1993). Religious Liberty in the Supreme Court. Washington: Ethics and Public Policy Center.
• O'Hair, Madalyn Murray. (1974). Freedom Under Siege. Los Angeles: J.P. Tarcher, Inc.
• Lewis, Anthony. (18 June 1963). Government must be neutral in religion, majority asserts. New York Times. p. 16.
• Licciardello, Carman. (1994). Raising the Standard: Reclaiming Our World for God. Nashville: Sparrow Press.
• McWilliams, Peter. (1993). Ain't Nobody's Business If You Do: The Absurdity of Consensual Crimes in a Free Society. (1st ed.). Los Angeles: Prelude Press. ISBN 0-931580-53-6
• White, Ronald C. & Zimmerman, Albright G. (Eds.). (1990). An Unsettled Arena: Religion and the Bill of Rights. Grand Rapids: Wm. B. Eerdmans Publishing Co. ISBN 0-8028-0465-9

Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... June 18 is the 169th day of the year in the Gregorian Calendar (170th in leap years), with 196 days remaining. ... 1963 (MCMLXIII) was a common year starting on Tuesday (the link is to a full 1963 calendar). ... June 18 is the 169th day of the year in the Gregorian Calendar (170th in leap years), with 196 days remaining. ... 1963 (MCMLXIII) was a common year starting on Tuesday (the link is to a full 1963 calendar). ... Madalyn Murray OHair (April 13, 1919 – September 29, 1995) was an American who founded American Atheists, and campaigned for the separation of church and state. ... June 18 is the 169th day of the year in the Gregorian Calendar (170th in leap years), with 196 days remaining. ... 1963 (MCMLXIII) was a common year starting on Tuesday (the link is to a full 1963 calendar). ...

External links

• "Ellery's Protest" by Stephen D. Solomon

Kristin Mc is awweeesome