The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: February 27-28, 1963
Decision: Monday, June 17, 1963
Issues: First Amendment, Establishment of Religion
Categories: education, establishment of religion, first amendment, freedom of religion

Advocates

John D. Killian, III (Argued the cause for the appellants)
Henry W. Sawyer, III (Argued the cause for the appellees)
Philip H. Ward, III (Argued the cause for the appellants)
Francis B. Burch (Argued the cause for the respondents)
George W. Baker, Jr. (Argued the cause for the respondents)
Thomas B. Finan (Argued the cause for the State of Maryland, as amicus curiae, urging affirmance)
Leonard J. Kerpelman (Argued the cause for the petitioners)

Facts of the Case

The Abington case concerns Bible-reading in Pennsylvania public schools. At the beginning of the school day, students who attended public schools in the state of Pennsylvania were required to read at least ten verses from the Bible. After completing these readings, school authorities required all Abington Township students to recite the Lord's Prayer. Students could be excluded from these exercises by a written note from their parents to the school. In a related case -- Murray v. Curlett -- a Baltimore statute required Bible-reading or the recitation of the Lord's Prayer at open exercises in public schools. Murray and his mother, professed atheists -- challenged the prayer requirement.

Question

Did the Pennsylvania law and Abington's policy, requiring public school students to participate in classroom religious exercises, violate the religious freedom of students as protected by the First and Fourteenth Amendments?

Conclusion

The Court found such a violation. The required activities encroached on both the Free Exercise Clause and the Establishment Clause of the First Amendment since the readings and recitations were essentially religious ceremonies and were "intended by the State to be so." Furthermore, argued Justice Clark, the ability of a parent to excuse a child from these ceremonies by a written note was irrelevant since it did not prevent the school's actions from violating the Establishment Clause.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 8 votes for Schempp, 1 vote(s) against
Legal Provision: Establishment of Religion
Wrote a regular concurrence
Douglas
Voted with the majority
Black
Voted with the majority
Warren
Wrote a regular concurrence
Brennan
Wrote a regular concurrence
Goldberg
Voted with the majority
White
Wrote the majority opinion
Clark
Wrote a dissent
Stewart
Voted with the majority, joined Goldberg's concurrence
Harlan
Full Opinion by Justice Tom C. Clark

Cite this page

The Oyez Project, Abington School District v. Schempp, 374 U.S. 203 (1963),
available at: <http://www.oyez.org/cases/1960-1969/1962/1962_142/>
(last visited ).