Evening star., 1948-03-14
School-R Ruling
Invites Many Lawsuits
Supreme Court Failed to Make 1t Clear How
Far the Nations Public Schools Can Go
in Discussing Religious Matters
By<Rex Collier
How high mpregnabe" Court
has just erected between church
That question which likely clergymen
lawyers citizens
And there will be further litigation this
doubt In fact the court failure explicit the
BysRex Collier

a doubt. In fact, the court, by its
Champaign QllJ religious educa-
ton case last Monday, has left the
door wide open to what Justice
Jackson fears will be q veritable
food Of lawsuits not only by
atheists but by persons Of many
conflicting faiths.
Stickler Left Unanswered
A careful reading of the eight
to-one majority opinion written by
Justice Black, of the concurring
opinion signed by Justices Frank
furter. jackson, Rutledse and Bur-
ton; Of the additional and condi-
tional concurring opinion by JUS
tlce jackson and of the dissenting
opinion of Justice Reed will not
provide an answer to the stickler:
Just how far can the public schools
go in discussing religious matters
IL at all?
The main opinion itself held that
the first amendment, forbidding
IAN establishment Of religion" has
erected "a wall between churcll and
state which must be kept high and
. impregnable." The Frankfurter
opinion, while concurring in the
majority view. stressed that there
may be some systems Of religious
instruction which would not breach
the wall. But Justice jackson, in
an opinion that reads more like a
dissent than q concurrence, chided
his colleagues for not limiting their
decision strictly to the Champaign
system. He contended that this
failure to restrict the decision left
doubts as to the constitutionality
Of even the slightest mention Of q
religious topic in the public class
rooms. And Justice Reed interpret
ed the majority ruling as prohibit
ing all varieties of religious educa-
tion by public schools, whether on
released time" (that is, during
school hours or on dismissed
time" (after school hours.
The destined-to be = h historic
Champaign case grew out OF suit
filed against the Champaign Board
OF Education by Mrs. Vashti McCol-
lum, an atheist, challenging the
constitutionality Of the voluntary
system of religious education in ef-
feet in the Illinois city. She said
that 1t was embarrassing for her son
to stay away from the religious
classes, as she had instructed him
to do.
Petitioners Plea Granted
Under the Champaign plan,
which Is similar to that In many
other communities, the students are
given cards on which their par
ents may indicate whether or not
they desire that religious tnstruc-
ton be given. II the parents are
opposed, their children remain In
study hall" If approval is given,
the students attend classes presided
over by Protestant, Catholic or Jew
ish instructors, according to their
preference. The instruction is of
broad nondenominational character.
Instructors are chosen and paid for
by the nontax-supported, interde-
nominational Council Of Religious
Education.
Mrs. McCollum petitioned the
courts to order the Champaign
school authorities to adopt and
enforce rules and regulations pro-
hihiting all instruction in and
teaching of all religious education in
all public schools" More specifical-
ly, she protested against recitation
OF such a biblical passage as The
Lord is my shepherd, I shall not
want" the teaching that the Bible
is holy writ" or the word of God"
or any other instruction implying
tnat tnere N God.
The majority opinion, as it now
stands, has the effect of granting
Mrs. McCullom's plea, not only with
respect to abolishment Of the reli-
gious education classes but appar-
emily also with respect to any men,
ton Of religion that might prove
embarrassing to her son.
Religious Teaching Reviewed
The majority declared that the
banning Of such instruction does not
imply any hostility on the part of
the Government to religion or reli-
gious teachings. The lofty aims" of
church and state, the opinion said,
can best be achieved If each works
"free from the other within its re-
spective sphere
But the supplementary Frankfurt
ter opinion Immediately raises doubt
as to how far apart these spheres
have been pushed by the court.
I'VE do not consider" Justices
Frankfurter, Jackson, Rutledge and
Burton pointed out, "as indeed we
could not, school programs not be-
fore us which, though colloouially
characterized as released time pre-
sent situations differing in aspects
that may well be constitutionally
crucial. Different forms which re-
leased time has taken during more
than 80 years Of growth include pro-
grams which, like that before us.
could not withstand the test of the
Constitution; others may be found
unexceptionable."
The Frankfurter opinion gives an
interesting review of the history
of religious teaching in the schools,
from earliest Colonial days to the
present.
Experiments That Failed
1t was the maintenance during
the first century of the Nations
life of the wall between religion
and Government that led eventually