Case Study: Abington School District Vs. Schempp

Abington School District vs. Schempp (1963) In 1949 a law was made in Pennsylvania that public schools must start each school day with ten bible verses being read, however, there could be no comment on the verses that were read. Students would stand and say the verses along with the teachers. They would then have the students recite the Lord's Prayer. If the teachers refused to read the verses every morning they could be fired. This law angered some people because they believed it was a violation of the First Amendment and so two families sued. The Supreme Court decided to take on this case because they believed it could possibly violate the First Amendment and the Establishment Clause. The Establishment Clause is a limitation on the government so that they cannot and will not be involved in religious matters. Because this clause is in place Pennsylvania had no legal right, according to the plaintiff, to require any activity that insinuates religion. The plaintiff, or
Eight of the nine Justices voted against Abington School District and one Justice, Stewart, voted for Abington School District. The Court voted against the defendant because they believed that the readings that took place were basically religious ceremonies and therefore had violated the Free Exercise Clause, Establishment Clause, and the First Amendment. Supreme Court Justice Clark then went on to say that although it is obvious the Founding Fathers were predominately religious and that many of the ideals America was found upon are based on Christianity, America was intended to be a place of equality and freedom of all things, including religion. He also said that even though children could be excused it was "irrelevant" because it did not stop the schools from violating the Establishment