Evening star., 1948-03-09
Supreme Court Holds
Religious Education in.
Public Schools ILLEGAL
BY the Assoeiotsd Press


Eight Supreme Court justices agree
that religious sects may not USE
Americas public schools to teach
their beliefs.
But in voicing their decision yes
terday, they disagreed among them
selves as to exactly how much
ground their ruling will cover.
Justice Black, author of the ma
jority opinion, upheld an atheist
mothers complaint that religious
education classes held in Champaign
Qll) schools violate the constitu-
tional requirements for separation OF
church and state. Only Justice Reed
dissented.
"The First Amendment Ito the
Constitution)," Justice Black said
rests on the premise that both re-
ligion and government can best
work to achieve their lofty aims il
each is left free from the other
y The First Amendment has
erected a wall between the church
and the state which must be kept
nlSQ anu lWpTegnaDle.
Decision Called Safeguard.
Mrs. Vashti McCollum,, who
brought the original suit against
the Champaign School Board, sale
the decision has "safeguarded oul
school system from sectarian dom
nation"
A self-styled atheist, she hao
complained that her eldest son
James Terry, now IL. was "em-
barrassed" because he was the only
one in his class who did not take
religious instruction.
Under the Champaign plan, q
local council representing Protes-
tant, Catholic and Jewish faiths
presented religious education classes
once a week in the public schools
Attendance was voluntary and only
with parents permission, the school
board explained. 1t said there was
no extra cost to taxpayers.
John L. Franklin, attorney for the
Champaign School Board, said the
high court, by it's decision, has
enacted into law its philosophy
that religion should be quarantined
to the home and the church"
Il do not believe that this de-
cision will live in our law" he said
Lands Favors Religious Education.
This view was echoed by Repre-
sentative Lands, Republican, of In
diana, who said: I'm in favor of
religious education in schools. 1t
will not hurt anybody. We may
need a constitutional amendment to
clarity the situation"
Chief Justice Vinson and Justices
Douglas, Murphy, Jackson, Frank
furter, Rutledge and Burton agreed
with Justice Black.
But Justices Jackson and Frank
furter wrote separate opinions dis
agreeing with some of Justice
Blacks views.
Justice Frankfurter said there
may be other plans of cooperation
between school and religious groups
which are constitutional. But he
insisted that IF nowhere else, in the
relation between church and state
good fences make good neighbors. u
Justices Rutledge, Burton and Jack
son supported Justice Frankfurters
stand.
Fears Deluge of Suits.
Justice Jackson, while going along
with Justices Frankfurter and
Blacks opinion in general. said he
felt it might bring deluge OF
suits.
AUTHORITIES list 256 separate and
substantial religious bodies in the
United States" he said. IF we are
to eliminate everything that is OBJ
iectionable to any of these warning
sects 8. we will leave public
education in shreds."
Justice Reed, in his dissent, said
the. ruling barred any use OF a
pupils school time whether that
use is on or off the school grounds. "
ut could result in abolishing re-
leased time" programs used in yarl-
Gus States, Justice Reed said. Under
these, pupils are let out of school
early if their parents wish them to
attend religious classes.
School Bus Case Recalled.
Justice Reed recalled that last
year the court, by a 5-4 decision, up
held use of public funds to pay for
transportation of certain New Jer-
sey children to Catholic schools. JUS
tice Black wrote that opinion. The
dissenters were Justices Jackson
Frankfurter. Rutledge and Burton.
Justice Blacks ruling in the school
bus case was that the New Jersey
law is social and public benefit iegis-
lation and that no person may be
excluded from its benefits because
of his religion.
Justice Reed also recalled that the
Supreme Court in 1880 upheld free
textbook statute of Louisiana against
charge that it aided private schols
The court ruled that the books were
for the education of the children
not to aid religious schools.