Abington School Dist. v. Schempp

Background

A Pennsylvania law required that at least ten verses from the Holy Bible be read each school day and that pupils recite the Lord’s Prayer; a Baltimore school rule called for reading a chapter from the Holy Bible and/or the Lord’s Prayer. The Schempp family (Unitarians) sued Pennsylvania officials to stop the Abington school practice; Mrs. Murray and her son (atheists) challenged the Baltimore rule. The records describe readings over intercoms or by teachers, use of King James and other versions, an offered parent excuse, and fact findings that the exercises had a devotional character.

Reasoning

The Court addressed whether state-required Bible readings and unison prayer in public schools violate the Establishment Clause as applied to the States through the Fourteenth Amendment. Relying on the history and earlier decisions, the Court applied a neutrality test (look to purpose and primary effect) and concluded the exercises were religious in character and therefore unconstitutional. The Court said that allowing parents to excuse children did not cure the constitutional defect. As to the two companion cases, the Court affirmed the judgment in the Pennsylvania case (No. 142) and reversed and remanded the Maryland case (No. 119) for further proceedings consistent with its opinion.

Real world impact

Public school districts may no longer require daily Bible readings or Lord’s Prayer recitation during school time; students and parents gain protection from school-sponsored devotional exercises. The Maryland case was sent back to the state court for steps consistent with the ruling, so some local proceedings continued.

Dissents or concurrances

Several Justices filed concurrences stressing state neutrality and the danger of state-funded religious support; Justice Stewart dissented, urging more factual development and remand because he found the records inadequate.