Berkley Center

In School District of Abington Township v. Schemp, the Supreme Court considered the constitutionality of Pennsylvania and Maryland statutes that called for public school students to read from the Bible and recite the Lord’s Prayer at the beginning of each school day. The readings and prayers were conducted under the supervision of school faculty, but student participation was voluntary. The Court stated that its prior decisions have demonstrated that government neutrality regarding any establishment of religion is central to the freedom the Establishment Clause guarantees. Thus, the mere existence of laws providing for government participation in and support of religious activities violates the Establishment Clause, regardless of whether participation in such activities is voluntary. The laws in Schemp made the Bible readings and prayers part of the curricular activities of students who were required by law to attend school; the readings were done in school buildings, under the supervision and with the participation of teachers employed by the schools. Therefore, the purpose and effect of the laws, the Court concluded, was to provide for government support of a particular religious faith in violation of the Establishment Clause.