Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-06-18

neither advances nor tnhihits
religion,
The free exercise clause, like.
wise considered many times
7 here. withdraws from legisla-
tive power, State and Federal,
the exertion Of any restraint on
; the free exercise Of religion,
. It's purpose is to secure relig-
ious liberty In the individual by
; prohibiting any invaston
. thereof by civil authority.
Hence II Is necessary In q free
exercise case for one TO show
the coercive effect Of the enact
; ment as 1t operates against him
; In the practice Of his religion.
The distinction between the
; two clauses IL apparent---a vio-
lation Of the free exercise
clause u predicted on coercion
while the establishment clause
violation need not be so
! attended.
Prescribed Exercises
Applying the establishment
clause principles TO the cases at
. bar we find that the States
are requiring the selection and
reading ct the opening Of the
school day Of verses from the
Holy Bible and the recitation
Of the Lords Prayer by the stu
dents In unison.
These exercises are prescribed
as part of the curricular ac-
tivities Of students who are re-
Iquired by law TO attend school.
They are held In the school
buildings under the supervision
and with the participation Of
teachers employed In those
schools. :.
Trial court has found
that such an opening exercise
Is q religious ceremony and was
intended by the State to be 50.
We agree with the trial courts
finding Is to the religious char
acter Of the exercises. Given
that finding the exercises and
the law requiring them are in
violation Of the establishment
clause.
There is no such specific find
ing as to the religious character
Of the exercises In (the second
easel that the program Is an
effort to extend its benefits to
all public school children with
out regard to their religious
belief. -.
instrument Of Religion
But even If its purpose Is not
strictly religious. 1t Is sought
to be accomplished through
readings. without comment,
from the Bible. Surely the
place Of the Bible as an instru-
ment Of religion cannot be
gainsaid, and the States rec
ignition Of the pervading re-
ligious character Of the cere-
mony is evident from the rules
specific permission Of the alter
native use Of the Catholic
Douay version as well az the
recent amendment permitting
nom attendance at the exer-
cises.
None of these factors Is con-
sistent with the contention that
the Bible Is here used either
as an instrument for nom
religious moral inspiration or
as q reference for the teach
ing Of secular subjects.
The conclusion follows that
| in both cases the laws require
religious exercises and such ex-
ercises are being conducted IN
direct violation Of the rights Of
the appellees and petitioners.
Nor are these required exer-
cises mitigated by the fact that
individual students may absent
themselves upon parental re-
quest, for that fact furnishes
no defense to q claim Of UNI
constitutionality under the es-
Enlistment clause.
Could Become Torrent
:. Further, it is no defense
to urge that the religious prac-
tees here may be relatively
minor Entertainments on the
First Amendment. The breach
Of neutrality that Is today q
trickling stream may all tool
soon become q raging torrent
and, In the words Of Madison.
at is proper to take alarm at
the first experiment on our
liberties"
It Is insisted that unless
these religious exercises are
permitted q religion Of secu-
larism" Is established In the
schools. We agree Of course
that the State may not estab-
lish q religion Of seculariSm"
In the sense Of atfirmatively
opposing or showing hostility