Abington School District v. Schempp (1963)
A year after the US Supreme Court struck down prayer in schools in the case Engel v. Vitale, it re-visited the issue of religion in schools in Abington School District v. Schempp. Pennsylvania state law had sought to get around the Court's opposition to prayer in school by requiring that "at least ten verses from the Holy Bible shall be read, without comment, at the opening of each public school on each school day." The verses were from the New Testament. At Abington Senior High School, which the Schempp children attended, the verses were read by students and broadcast to all classrooms through the intercommunications system, followed by the recitation of the Lord's Prayer and then the Pledge of Allegiance. Although students were not required to be present when the verses were read, if they left the room and stood outside in the hall, they would miss public announcements and could also be seen as misfits by their peers.
The US Supreme Court ruled on behalf of the Schempp family, which had challenged the practice on the grounds that it violated the separation of Church and State. It declared that "the very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to...freedom of worship...and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections...In the relationship between man and religion, the State is firmly committed to a position of neutrality."
- Learn what it was like to be a student plaintiff in this case from Ellery Schempp.
- Listen to the oral arguments: http://www.oyez.org/oyez/resource/case/2/