Saturday, March 7, 2009

Facts of the Case

In 1963 Abington Township School District v. Schempp was brought before the Supreme Court. The case began as a result of what was called school sponsored bible reading. Every morning the school would begin the day by reading from the bible to the students or even making them read aloud the scripture themselves to the class. In 1928 the law (24 Pa. Stat. 15-1516) was amended into public law. It stated that at least ten verses from the Holy Bible be required to be read aloud at the opening of each school day. The Schempp family contended the law directly violated the First and Fourth Amendment Rights afforded to them by the constitution.

Laws pertaining to the case prior to it being brought before the courts consist of Twenty-Five states having laws allowing optional Bible readings and the remaining states had no laws pertaining to Bible readings. Of the twenty-five, eleven of the states allowing state sponsored prayer had the courts declare them unconstitutional.

When the case was brought before the district court it ruled in favor of Schempp stating he had the right to excuse his children with written permission from the exercises. Schempp was not satisfied insisting there was still no separation from church and state and the students civil rights were being violated by simply allowing the prayer to take place in school at all.

The case was eventually brought to the Supreme Court where the Court decided in favor of Schempp 8-1, July 17, 1963. The case was to take the lead in several similar State level cases brought before the courts. The ruling that school-sponsored prayer is unconstitutional was condemned by many religious conservatives and praised by those believing in separation of church and state. From this day on all states nation wide were to discontinue all schoo-sponsored prayer and or Bible readings and they were now illegal to condict in all public schools.

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