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'{{Use mdy dates|date=June 2013}} {{citation style|date=June 2011}} {{Infobox SCOTUS case |Litigants=Abington School District v. Schempp |ArgueDateA=February 27 |ArgueDateB=28 |ArgueYear=1963 |DecideDate=June 17 |DecideYear=1963 |FullName=School District of Abington Township, Pennsylvania, et al. v. Edward Schempp, et al.; Murray, et al. v. Curlett, et al., Constituting the Board of School Commissioners of Baltimore City |USVol=374 |USPage=203 |Citation=83 S. Ct. 1560; 10 L. Ed. 2d 844; 1963 U.S. LEXIS 2611 |Prior=Appeal from the United States District Court for the Eastern District of Pennsylvania |Subsequent= |Holding=Sanctioned and organized Bible reading in [[Public school (government funded)|public schools]] in the United States is unconstitutional. |SCOTUS=1962-1965 |Majority=Clark |JoinMajority=Warren, Black, White, Douglas, Goldberg, Harlan, Brennan |Concurrence=Douglas |Concurrence2=Brennan |Concurrence3=Goldberg |JoinConcurrence3=Harlan |Dissent=Stewart |LawsApplied= [[First Amendment to the United States Constitution|U.S. Const. amends. I]], [[Fourteenth Amendment to the United States Constitution|XIV]] }} '''''Abington School District v. Schempp''''', {{scite|374|203|1963}}, was a [[Supreme Court of the United States|United States Supreme Court]] case in which the Court decided 8–1 in favor of the respondent, Edward Schempp, and declared school-sponsored Bible reading in [[Public school (government funded)|public schools]] in the United States to be [[unconstitutional]]. == Background == ===Origin of case=== The ''Abington'' case began when Edward Schempp, a [[Unitarian Universalist]] and a resident of [[Abington Township, Montgomery County, Pennsylvania|Abington Township, Pennsylvania]], filed suit against the [[Abington School District]] in the [[United States District Court for the Eastern District of Pennsylvania]] to prohibit the enforcement of a [[Pennsylvania]] state law that required his children, specifically [[Ellery Schempp|Ellory Schempp]], to hear and sometimes read portions of the Bible as part of their [[Public school (government funded)|public school]] education.<ref>Dierenfield, Bruce J. "The Most Hated Woman in America: Madalyn Murray and the Crusade Against School Prayer" Journal of Supreme Court History 32, no.1 (2007), 62-84</ref> 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.<ref>''Abington School District v. Schempp'' and ''Murray v. Curlett'' {{ussc|374|203|1963}}.</ref> Pennsylvania law, like that of four other states, 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, the state courts had declared them unconstitutional.<ref>{{harvnb|Boston|1993|page=101}}</ref> More famous than Schempp was [[Madalyn Murray O'Hair]], mother of plaintiff William J. Murray III in ''Murray v. Curlett''. O'Hair founded the group [[American Atheists]] in 1963. The Murray case was consolidated with Schempp's on appeal to the Supreme Court. === District court arguments === During the first trial in federal [[United States district court|district court]], 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. === 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<!-- (described on p. 227, Footnote 1) -->. 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. Because of 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 to the district court. <!-- According to Footnote 1, the events were as follows: 1) the district court found the un-amended law unconstitutional at the 1st trial, 2) the school district appealed, 3) the legislature amended the statute, 4) the S.C. vacated the judgment and remanded it (sent it back to the district court, 5) the school district successfully moved to amend their original stance to reflect the change in the law, 6) the district court found for Schempp, and 7) the school district appealed the ruling.--> The district court again found for Schempp. The school district [[appeal]]ed to the Supreme Court again, and, on appeal, the case was consolidated with a similar [[Maryland]] case launched by [[Madalyn Murray O'Hair|Madalyn Murray]].<ref>{{harvnb|Boston|1993|page=106}}</ref> 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: <blockquote>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 . . . Penis... 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 {{ussc|374|203|1963}})</blockquote> === Precedents for case === The Court 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|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" ({{ussc|374|203|1963}}). <!-- Might be appropriate someplace else in the article: The decision in ''Abington'' led the way for future Establishment Clause rulings, leading up to ''Lemon v. Kurtzman,'' which established the three-prong "Lemon test" for determining whether federal or state legislation violates the Establishment Clause. --> Over the previous two decades, the Supreme Court, by [[Incorporation (Bill of Rights)|incorporating]] specific rights into the [[Due process|Due Process Clause]] of the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]], had steadily increased the extent to which rights contained in [[United States Bill of Rights]] were applied against the states.<ref>The process of [[Incorporation (Bill of Rights)|incorporation]] (also known as "nationalization") of the United States Bill of Rights began with cases ({{ussc|164|403|1896}} and {{ussc|166|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'' {{ussc|274|380|1927}}. Freedom of Religion was first incorporated (albeit in dictum) in ''Hamilton v. Regents of the University of California'' {{ussc|293|245|1934}}, and made official in ''Cantwell v. Connecticut'' {{ussc|310|296|1940}}. Finally in ''Engel v. Vitale'' {{ussc|370|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)]].</ref> ''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]]'' ({{ussc|310|296|1940}}), ''[[Everson v. Board of Education]]'' ({{ussc|330|1|1947}}), and ''[[McCollum v. Board of Education]]'' ({{ussc|333|203|1948}}). == Opinions of the Court == 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.<ref>{{harvnb|White|Zimmerman|1990|p=70}}</ref> <!-- === Oral arguments === This section needs work... --> === Decision === The Supreme Court upheld the District Court's decision and found the Pennsylvania prayer statute unconstitutional by virtue of the facts in the case, as well as the clear line of precedent established by the Supreme Court. In writing the opinion of the Court, Justice Thomas Clark stated, "This Court has decisively settled that the First Amendment's mandate &#91;in the [[Establishment Clause]]&#93; has been made wholly applicable to the States by the Fourteenth Amendment .&nbsp;.&nbsp;. in a series of cases since ''Cantwell'' (Eastland, 1993, p. 151; Davis, 1991, 91). What was unexpected, however, were the ideas expressed in the second portion of Justice Clark's opinion written for the majority. The Court's recognition of religious ideals as valuable to the culture of the United States in that opinion are generally not cited by either side of the church-state debate, either by ignorance or purposeful omission, when discussing the case and the effect it had on the United States.{{cn|date=July 2013}} His opening thoughts explicitly spelled out that view in past [[jurisprudence]] with cases similar to ''Abington v. Schempp.'' 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."<!-- (p. [31]--> The Court had clearly rejected "the contention by many that the [[Establishment Clause]] forbade only governmental preference of one faith over another."<ref>{{harvnb|Eastland|1993|p=59}}</ref> 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."<!-- (p. 220) [33]--> Such prohibited behavior was 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<!-- (p. 220, 222) [34]-->. === Brennan's concurrence === [[William J. Brennan|Justice Brennan]] filed a lengthy and historically significant [[concurrence]], taking 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 legal [[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",<ref>Quoting author in {{harvnb|Davis|1991|p=77}}</ref> and felt a modern-day interpretation of the First Amendment was warranted . In defense of that approach, Brennan stated: {{quote|1=Whatever [[Thomas Jefferson|Jefferson]] or [[James Madison|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.}} 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"<!-- (p. 233) [38]-->. 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<!-- (p. 253–256) [38]-->. 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"<!-- (p. 267) [40]-->. He noted the long history of such practices, even before the "founding of our Republic"<!-- (p. 268) -->. 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"<!-- (p. 271) [41]-->. 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"<!-- (p. 271) [41]-->. 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 20th 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"<!-- (p. 273) [42]--> . 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 [[Religious pluralism|pluralism]] as the "basic flaw" of Pennsylvania's Bible reading statute and Abington Township's defense of it: <blockquote>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<!-- (p. 284–285) [44]-->.</blockquote> === 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. 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: <blockquote>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''....<!-- (pp. 308–309) [47].--></blockquote> 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".<ref name=autogenerated1>{{harvnb|Eastland|1993|p=165}}</ref><!-- [48]--> Other critics of the Court's findings in ''Abington v. Schempp'' often quote the following excerpt from Justice Stewart's opinion:<ref name=autogenerated1 /><!-- [49]--> <blockquote>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.</blockquote> == Subsequent developments == 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."<ref>{{Citation | title = Madalyn Murray O'Hair Biography | url = http://www.who2.com/bio/madalyn-murray-ohair | accessdate = 2013-07-20}}</ref> [[Newspaper]]s were no exception. The ''[[Washington Evening Star]]'', for example, criticized the decision, declaring that "God and religion have all but been driven from the public schools. What remains? Will the [[baccalaureate service]] and [[Christmas carol]]s be the next to go? Don't bet against it."<ref>{{harvnb|Eastland|1993|page=165}}</ref><!-- [50]--> 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.<ref>{{harvnb|Lewis|1963|page=16}}</ref> Opponents characterized the decision as the one which "kicked God and prayer out of the schools".<ref>{{harvnb|Wright|2008|page=96}}</ref> 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 (evangelist)|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 ...?"<ref>''Billy Graham voices shock over decision''. (June 18, 1963). ''New York Times.'' p. 17.</ref> 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.<ref>{{harvnb|Dugan|1963|page=18}}</ref> The United States Congress reacted to the decision by drafting over 150 resolutions to overturn it by amending the Constitution.<ref>O'Hair, M., ''Freedom under siege: The impact of organized religion on your liberty and your pocketbook'', 1974, p.&nbsp;55)</ref> ''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, the constitutionality of a given church-state law is weighed by three criteria: sponsorship, financial support, and active involvement of the government in religious activity. == See also == * [[Edgerton Bible Case]] * [[Montgomery County, Pennsylvania]] * [[List of United States Supreme Court cases, volume 374]] == References == {{Reflist|2}} == External links == {{wikisource|Abington School District v. Schempp (374 U.S. 203)}} {{caselaw source |case=''Abington Township School District v. Schempp'', 374 U.S. 203 (1963) |findlaw=http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=374&page=203 |justia=http://supreme.justia.com/us/374/203/case.html }} == Further reading == * {{Cite web |title=Abington School District v. Schempp, [http://www.rydal-meadowbrook.org//history-supreme-court-ruling Rydal-Meadowbrook Civic Association]}} * ''Billy Graham voices shock over decision''. (June 18, 1963). ''New York Times.'' p.&nbsp;17. * {{Cite book |last=Boston |first=Robert |year=1993 |title=Why the religious right is wrong: About separation of church and state |edition=1st |location= Buffalo|publisher=Prometheus Books |location= 0-87975-834-1 |ref=harv}} * {{cite book |last=Burnette Jr. |first=Lawrence |title=Readings on the Development of the American Constitution |publisher=Xlibris Corporation |year=2011 |pages=802 |ref=harv}} * {{Cite book |last=Davis |first=Derek |year=1991 |title=Original Intent: Chief Justice Rehnquist and the Course of American Church-State Relations |location=Buffalo |publisher=Prometheus Books |ref=harv}} * {{Cite news |title=Churches divided, with most in favor |first=George |last=Dugan |newspaper=New York Times |date=June 18, 1963 |page=18 |ref=harv}} * {{Cite book |last=Eastland |first=Terry |year=1993 |title=Religious Liberty in the Supreme Court |publisher=Eerdmans Pub Co |isbn=978-0-89633-178-5 |series=Washington: Ethics and Public Policy Center |ref=harv}} * {{Cite book |last=O'Hair |first=Madalyn |authorlink=Madalyn Murray O'Hair |year=1974 |title=Freedom Under Siege |location=Los Angeles |publisher=J.P. Tarcher, Inc |ref=harv}} * {{Cite news |last=Lewis |first=Anthony |date=June 18, 1963 |title=Government must be neutral in religion, majority asserts |newspaper=New York Times |page= 16 |ref=harv}} * {{Cite book |last=Licciardello |first=Carman |year=1994 |title=Raising the Standard: Reclaiming Our World for God |location=Nashville |publisher=Sparrow Press |ref=harv}}<!-- Amazon doesn't list this book but does list: "Raising the Standard/Reclaiming Your [that's *your*] World for God"; by Carman, Walter Walker; Publisher: Chordant Distribution; published March 1, 1994; ISBN 0-917143-33-7 Does anyone know if this is the same book (or the book that was intended?--> * {{Cite book |last=McWilliams |first=Peter |year=1993 |title=Ain't Nobody's Business If You Do: The Absurdity of Consensual Crimes in a Free Society |edition=1st |location=Los Angeles |publisher=Prelude Press |isbn= 0-931580-53-6 |ref=harv}} * {{Cite book |title=I dissent: Great Opposing Opinions in Landmark Supreme Court Cases |last=Tushnet |first=Mark |authorlink= |coauthors= |year=2008 |publisher=Beacon Press |location=Boston |isbn=978-0-8070-0036-6 |pages=167–178 |ref=harv}} * {{Cite book |last=White |first=Ronald C. |last2=Zimmerman |first2=Albright G |year=1990 |title=An Unsettled Arena: Religion and the Bill of Rights |location=Grand Rapids |publisher=Wm. B. Eerdmans Publishing Co |isbn= 0-8028-0465-9 |ref=harv }} * {{Cite book |last=Wright |first=Russell G. |year=2008 |title=Chronology of education in the United States |publisher=McFarland Co |isbn=978-0-7864-2502-0 |ref=harv }} {{Abington Township, Montgomery County, Pennsylvania}} {{US1stAmendment|establishment|state=expanded}} {{DEFAULTSORT:Abington School District V. Schempp}} [[Category:1963 in United States case law]] [[Category:Religion and education]] [[Category:United States Supreme Court cases]] [[Category:Establishment Clause case law]] [[Category:United States education case law]] [[Category:Education in Montgomery County, Pennsylvania]] [[Category:1963 in religion]] [[Category:1963 in education]] [[Category:Cases related to the American Civil Liberties Union]]'