PRAYER AND BIBLE READING

PRAYER AND BIBLE READING School District of Abinton Township v. Schempp Murray v. Curlett 374 U.S. 203 Tiffany C. Waller MED 6490 January 26, 2010

Level or Type of Court • Case was tried twice a). U.S. District Court for the Eastern District of Pennsylvania b). Supreme court of the united States, 1963

Roger and Donna Schempp (of the Unitarian Church) attend a school in Abington Township that requires students to participate in opening exercises which consists of: a). the readings of 10 verses of the Holy Bible b). recitation of the Lord’s Prayer c). Salute to the Flag The readings are broadcast to each home room via the intercom & students are expected to stand and join in unison. Students can select the passages of interest & read from any version he chooses. There are no prefatory statements, no questions asked or solicited, no comments/explanations made & no interpretations given at or during the exercises. FACTS

FACTS CONT’D • Students and parents are advised that the student may dismiss himself from the classroom or, should he decide to remain, not participate in the exercises. • Edward Schempp considered, but decided against excusing Roger & Donna from the exercises for fear that their relationship with teachers & classmates would be adversely affected.

THE ISSUE • Is the state’s practice of schools beginning each day with readings from the Bible unconstitutional under the Establishment Clause as applied to the States through the Fourteenth Amendment • The Schempps argued that the literal reading of the Bible is contrary to the religious beliefs which they held to their familial teaching.

THE HOLDINGS • The district court ruled in the Schempp’s favor & struck down the Pennsylvania statute. • The school district appealed & the Pennsylvania legislature changed the statute to allow children to be excused from the exercises if requested (in writing) by the child’s parent(s). • Because the PA law had changed, the Supreme Court vacated the 1st ruling and remanded the case back to the district court…in which the court, again, found in favor of the Schempps. • The school district appealed & the case was consolidated with a similar Maryland case, Murray v. Curlett

The Holdings Cont’d • The children’s attendance at Abington Senior High School was mandatory and that the practice of reading 10 verses from the Bible was also compelled by law. • The morning exercises were devotional and religious in nature (which constitutes a religious observance).

LEGAL DOCTRINE • Prayer in schools is in violation of the Establishment Clause of the 1st Amendment which states: --congress shall make no law respecting an establishment of Religion • By organizing the 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.

SIGNIFICANCE • Bible reading for sectarian purposes and reciting the Lord’s Prayer in public schools is unconstitutional • However, the Bible can be read as literature/the history of religion can be taught in an appropriate class

Prayers at Graduation Exercises and Other Public School Sponsored Activities Lee v. Weisman Supreme Court of the United States, 1992 505 U.S. 577

FACTS • Providence public school policy permits principals to invite members of the clergy to give invocations, benedictions, and prayers at middle & high school graduations • Principal Robert E. Lee invited Rabbi Leslie Gutterman to deliver prayers at the middle school graduation ceremony.

FACTS • The Guidelines for Civic Occasions was given to the Rabbi: -prayers to composed with “inclusiveness & sensitivity” -the invocation & benediction should be nonsectarian

FACTS • Daniel Weisman disagreed with the policy and wanted the Rabbi banned from the ceremony…which did not happen • He allowed Deborah (daughter) to attend the ceremony; however, he continued with the litigation.

ISSUE • Are prayers delivered by clergy as part of the official school graduation ceremony consistent with the Religion Clauses of the First Amendment?

HOLDINGS • 5-4 decision in favor of Donald and Deborah Weisman

THE ESTABLISHMENT CLAUSE TEST To satisfy the establishment clause, a governmental practice must: • Reflect a clearly secular purpose • Have a primary effect that neither advances or inhibits religion • Avoid excessive government entanglement with religion

HOLDINGS • The schools’ actions violated the 2nd part of the test. • The practice of including invocations & benedictions (nonsectarian ones) in public school graduations creates an identification of governmental power with religious practice, endorses religion and violates the Establishment Clause.

LEGAL DOCTRINE • Including a clergy-led prayer within the events of a public high school graduation violates the 1st Amendment (which forbids coerced prayers in public schools).

SIGNIFICANCE • This case revealed a deep split among the Supreme Court justices

OTHER CASES Jones v. Clear Creek Independent School District, 977 F.2d963 (5th Cir. 1992) • Upheld a school district resolution permitting public high school seniors to choose student volunteers to deliver nonsectarian invocations/benedictions at their graduation ceremonies (passed the Estab. Clause test).

Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000) • Held that student-led/initiated prayer at football games violated the Establishment Clause because the school authorized: • an invocation before home football games • 2 student elections and the invocation was given on school property, at a school event, supervised by faculty.

Lassonde v. Pleasanton Unified School District, 320 F. 3d 979 (9th Cir. 2003) cert. denied, 540 U.S. 817 (2003) • The appellate court held that censoring sectarian portions of a student’s speech given at his high school graduation ceremony did not violate his freedom of speech (see p. 64) • The school’s restriction was necessary to avoid running afoul of the Establishment Clause.

PRAYER AND BIBLE READING