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GEORGIA BULLETIN THURSDAY, MARCH 7, 1963
RULING EXPECTED IN JUNE
Religion’s Place In
Public Schools
Will Be Settled By
Supreme Court
WASHINGTON - NC— Does
religion have a place in Amer
ica's public schools?
That question is now pend-
ind before the U. S. Supreme
Court in two cases whose out
come is expected to at
tract more attenion than any
court ruling of recent years.
Observers are already predic
ting that the decision, whatev-
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THE NINE justices of the
nation's highest tribunal spent
four hours spread over two
days (Fev. 27-28) hearing at
torneys argue the merits of
having public school students
listen to readings from the
Bible and recite the Lord’s
Prayer.
Having heard the oral ar
guments, the justices will now
thresh out the issues in the
two cases in private. A deci-
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a
sion Is expected before the
court adjourns in June.
The court's ruling is anti
cipated as a clarification of
its decision last June 25, when
it ruled against a prayer com
posed by state officials and
prescribed by the New York
State Board of Regents for re
citation in New York public
schools.
SPECIFICALLY at issue In
the new cases are Bible read
ing and recitation of the Lord's
Prayer in Maryland public sch
ools and Bible reading alone in
Pennsylvania public schools. In
both school systems, students
whose parents object to the ex
ercises can be excused.
In the Maryland case, Mrs.
Madalyn Murray of Baltimore,
a self-professed atheist, is ask
ing the Supreme Court to re
verse a 4-3 ruling of the Mary
land Court of Appeals, which
last April 6 upheld the contest
ed practices.
Mrs. Murray’s teenage son,
William J. Murray,111, is a stu
dent in a Baltimore public high
school. Mrs. Murray is raising
him as an atheist.
IN rHE Pennsylvania case,
state school officials are seek
ing reversal of a decision by a
special three-judge Federal
Court, which on February 1,1962
held Bible reading in public
schools to be an unconstitu
tional "promotion of religious
ness."
The case was initiated in 1958
by Edward L. Schempp of Ros-
lyn, Pa., who filed suit against
the Abington Township School
Board. Schempp, a Unitarian,
then had a son who was a sen
ior in the township's high sch
ool. Two more of his children
now attend the school.
In September, 1959, a Feder
al district court declared the
law under which religious pra
ctices were conducted in Penn
sylvania public schools to be
unconstitutional.
THIS RULING was appealed to
the Supreme Court. In the mean
time, however, the state legis
lature amended the law to pro
vide that children could be ex
cused from the exercises on re
quest of their parents.
The high court then sent the
case back to lower courts for
review in light of this action by
the legislature. Bur the lower
courts still ruled against the
contested practices.
Counsel for the Abington sch
ool board sought before the Su
preme Court to establish that
the practices in their schools
differ substantially from those
in the Maryland schools.
IT WAS pointed out that the
Pennsylvania statute requires
only Bible reading, as distinct
from both Bible reading and re
citation of the Lord’s Prayer in
Maryland. However, it is cus
tomary in Abington schools to
follow the Bible reading with
recitation of the Lord's Prayer.
Also, in the Abington Town
ship high school, the Bible is
read at the start of the school
day over the public address sys
tem by student members of a
television-radio workshop, a
voluntary student group. The
students are encouraged to use
the version of the Bible proper
to their own religion.
During the two days of ar
gument before a crowded court
room, certain major themes
emerged in the two cases. Am
ong them were these:
The nature of the prac
tices: Are they religious or
not?
IN BOTH cases, attorneys ar
guing the'schools’ position sou
ght to establish that the prac
tices are not religious exer
cises, properly so-called.
Thus, Philadelphia attorney
Philip H. Ward 111 asserted that
the aim of Bible reading in
Pennsylvania schools is to pro
mote "morality" without prea
ching a particular religious
creed. Baltimore City Solici
tor Francis B. Burch cited the
"salutary" effects of the Mary
land practices in creating a
tone of sobriety in the class
room at the start of the school
day and said this Is their pur
pose, not teaching religion.
By contrast, attorney Henry
W. Sawyer 111, representing the
Schempps, maintained that "you
cannot separate the moral lea
ven from the religious leaven
in the Bible." And the Murray's
lawyer, Leonard J. Kerpelman,
said the Maryland school prac
tices constitute a “sectarian
religious ceremony."
The rights of the majority
versus the rights of the minor
ity.
IN THIS connection, Justice
Potter Stewart, who argued in
favor of school prayer in dis
senting from last June’s New
York Regents' Prayer decision,
insisted frequently in colloqu
ies with the various attorneys
that the First Amendment
clause guaranteeing free exer
cise of religion may sometimes
conflict with the clause barring
an establishment of religion.
Justice Stewart strongly sug
gested that this might be the
situation in the present cases,
and that while prayer and Bi
ble reading In public schools
might constitute an establish
ment of religion, at the same
time the majority's right to the
free exercise of its religion
would make the practices per
missible.
IN ONE exchange with Saw
yer, Justice Stewart intimated
that a court ruling against the
Abington Township practices
would be a "gross inter
ference" with the right of the
majority. To this Sawyer re
plied that the majority has a
right to practice its religion
freely "but they haven't got a
right to ask the state to help
them."
— The question of compul
sion.
In both Maryland and Penn
sylvania, students whose par
ents object to the contest prac
tices may be excused from be
ing present at them.
Nothing this, Justice Stewart
asked Kerpelman why his cli
ents "don’t just walk away from
this ceremony." The Baltimore
attorney replied that this is an
"illusory" right and said pres
sures, ranging from loss of face
to physical violence, had been
exerted on young Murray for his
refusal to conform.
ATTORNEYS for the schools,
however, pointed to an earlier
Supreme Court ruling which
held that there is no objection
to having a flag salute ceremony
In the public school classroom,
provided those who wish to ab
sent themselves on conscienti
ous grounds were allowed to
do so.
The issue was further com
plicated in the Pennsylvania
case, where Schempp had not
made use of his right to have
his children excused from the
Bible reading, on the grounds
that he did not want them to
"different" from his fellow stu
dents.
-- The question of standing.
Closely related to the Issue
of compulsion was the question
of the standing of the Murrays
and Schimpps to seek court
relief. In the Pennsylvania case,
the Schempp children had suf
fered no penalties for non
conformity precisely because
their parents chose to keep
them in the classroom. In the
Maryland case, there was no
evidence in the record before
the court to show what penal
ties young Murray had suffered.
IN VIEW of this, Justice Ste
wart suggested to Kerpelman
that the court's logical course
might be to remand the case
for action by the lower courts
to determine just what disabil
ities the Murray boy had suf
fered.
—The broader implications
of the cases.
The attorneys for the schools
in both cases laid emphasis on
the far-reacing impact an ad
verse ruling would have on man-
y tradional practices which have
long been accepted as a part of
American public life.
Deputy Baltimore City Soli
citor George W. Baker, Jr.,
told the court an adverse ruling
would open a "Pandora’s box"
of troubles. He said that if the
high court strikes down the
Maryland school practices, it
would soon find itself under
pressure to "remove every
vestige" of religious tradition
from public life.
A BOOK display featuring writings by Cardinal Newman Is
set-up at the Catholic Student Center by Miss Mary Mann,
Georgia Tech student from St. Petersburg, Fla. The display
Is a part of the observance of Cardinal Newman week by local
Catholic students.
FATHER TAVARD
Council Seeks
Three Fold Aim
MINNEAPOLIS (NC)— Re
form in the life of Christians,
in theology and of the Church
herself, are goals of the Second
Vatican Council, a council ex
pert said here.
Father Georges Tavard,
A. A., a consultant to the
council’s Secretariat for
Christian Unity, said in a talk
at the University of Minnesota
Newman Center that part of the
work for reform has already
been accomplished in the pro
ject on the liturgy.
THE ASSUMPTION 1ST
priest, author of several works
on Christian unity', said it is
difficult for Catholics to think
of the Church in terms of re
form because reform is associ
ated with the Reformation,
which in turn is associated with
Luther and Calvin, "who are
supposed to have been bad
men."
But the notion of reform "has
a totally acceptable meaning
within the context of Catholic
doctrine," he stated. The
Fathers of the Church, he add
ed, had a theological idea of
conversion, "a call to convert
ourselves to God."
Reform, in Catholic thought,
also includes the notion of
"penance for the sins of in
dividuals and for shortcomings
which impede the work of the
Church and distort her image."
reform in the life of Chris-
ians would be aimed at their
daily lives, Father Tavard said,
but more particularly at their
lives as Christians, in "mo
ments that have a liturgical
setting."
jumcE demands
Interracial Conferences
Urges Anti-Bias Action
"The liturgy is the center of
reform," he said, "because it
is the central source of in
spiration."
Father Tavard, who is chair
man of the theology department
of Mount Mercy College, Pitts
burgh, said theological reform
would mean "going back to the
basic sources of theological
thought."
CHICAGO (NC) — The Na
tional Catholic Conference for
Interracial Justice has urged
that Catholics take part in "di
rect action movements" against
racial discrimination.
The conference's board of
directors issued a statement
declaring that "institutional
cautiousness in race relations
is not consistent with ... the
demands of justice and love."
IT specifically asked that Ca
tholic institutions write nondis
crimination clauses into their
construction, supply and ser
vice contracts, and called for
support of desegration in seven
Catholic dioceses that have seg
regated school systems.
The interracial justice con
ference said that the recent Na
tional Conference on Religion
MODERN NEEDS
and Race in Chicago, for which
it acted as the secretariat,
was "merely the beginning of
solid interreligious coopera
tion and achievement to inte
grate our society.”
"We offer our wholehearted
cooperation," the conference
statement said, "to those re
sponsible for following up and
making concrete the stimula
tion provided by the National
Conference on Religion and
Race, and we urge other Ca
tholic institutions and organiza
tions to participate in a growing
interreligious movement to rid
our society of racism."
NOTING that "recent years
have seen the emergence of so-
called ‘direct action' techni
ques as effective and prudent
instruments of social change,"
the conference directors added:
"Despite occasional misuse, or
French Editors Ask
Book Index Reform
MONTREAL, Que. (NC)—The
Second Vatican council has been
asked by French editors of re
ligious books to reform the In
dex of Prohibited Books to meet
present-day conditions, It was
revealed here.
The announcement was made
during an exhibition of French-
language religious books by
Etienne Lethielleux, director
of a publishing company in
France and president of the
group erf religious editors of the
National Syndicate of French
Editors.
EDITORS faced with the pub
lication and circulation of books
of a strictly religious order
often are handicapped in the
exercise of their work and re
sponsibility by a number of
difficulties of the doctrinal or
CONSTITUTIONAL
moral order,” Lethielleux said.
"In an effort to solve these
difficulties in accord with the
human requirements of our
time, all the editors of religious
books got together to present
various suggestions in a me
morandum to the authorities of
the ecumenical council. The
main suggestion has to do with
reform of the index," he con
tinued.
The exhibition of French re
ligious books was held at the
St. Arsene Orphanage here un
der auspices of Paul Emile
Cardinal Leger, Archbishop of
Montreal: Raymond Bousquet,
French Ambassador to Canada;
G. E. Lapalme, Quebec Minis
ter of Cultural Affairs; and
Mayor Jean Drapeau of Mon
treal.
6 New Republic 9 Backs
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occasional open conflict, gene
rally they have been productive
of constructive change, the re
duction of open racial discrimi
nation, and an easing of racial
prejudice."
The statement also said that
“the upheaval which takes place
in the white conscience, when
confronted by such action, ul
timately seems to be construc
tive and beneficial."
"We urge the coupling of di
rect action techniques and reli
gious motivation," the state
ment stressed. "And we urge
Catholics to participate in the
direct action movements."
On nondiscrimination claus
es and on discrimination in
Catholic education, the interra
cial justice conference had the
following to say:
"RELIGIOUS organizations
and institutions have responsi
bility to see that their spend
ing is not done in such a way
as to perpetuate racial dis
crimination. Merely expous
ing this position has little ef
fect on discriminatory racial
patterns.
"The National Catholic Con
ference for Interracial Justice
urges Roman Catholic organi
zations and institutions to write
nondiscrimination clauses into
their construction, supply and
service contracts.
"The National Catholic Con
ference for Interracial Justice
urges lay and clerical Catho
lics to support desegregation in
the parochial school systems
of the seven Catholic dioceses
which still have not desegre
gated these systems."
Chairman of the Conference's
board of directors is Raymond
M. Hillard. Matthew Ahmann is
executive secretary of the con
ference.
HE SAID such an approach
involves the following:
"Recovering the Biblical
substance of Catholic tradition
—using Revelation in Biblical
form as the essential source
of Catholic thinking rather than
the scholastics."
A pastoral orientation which
is “much more a preaching
of the Word of God" than pure
ly academic, technical theology
which is "meaningful only to
professional theologians."
St. Pius High
French Club
Members of the French club
will present a one act play, in
French, during an a.m. activity
period on Monday, March 18.
The play will be "Rosalie" by
Max Maurey. The cast con
sists of three roles.
Elizabeth Horsey will por
tray Rosalie, the common,
country maid of the Bols. Play
ing Mme. Bol will be Ann Lar-
don, and Jon Lorrain will enact
the part of M. Bol. Samuel La-
Duca will act as stage man
ager and Herbert Broughton
will be prop manager.
Madam Suzanne Kohn, French
teacher and moderator of the
French club, directs the produc
tion.
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WASHINGTON (NC) — The
New Republic magazine said
here it believes that state aid
to church-related schools would
be constitutional.
The weekly magazine also
said (March 2 issue) that "the
case for public support of pri
vate schools depends upon pub
lic control over those activities
it supports."
THE MAGAZINE’S editorial
said the state has an interest
in ensuring that all school child
ren have a mastery of certain
subjects.
"The state can and should
pursue this interest by sub
sidizing instruction in these
subjects," it said.
“So long as the student is
mastering them it makes no
difference to the state whether
his instructors are Jesuits or
agnostics, whether his class
room is owned by the Luther
ans or the local school board,"
the magazine said.
THE national interest, it add
ed, is in better education for
all children. "Nobidy needs to
send his child to a private
school; but millions do. No use
ful purpose is served if these
children grow up knowing less
history or 1ms chemistry than
children who attend public
school."
"Ignorance, not the Catho
lic hierarchy, is the enemy,”
it stated.