![]() ![]() The defendants appealed to the Supreme Court of the United States. We agreed with these contentions and on September 17, 1959, entered a judgment declaring the statute unconstitutional and enjoined its enforcement. The Schempps, who are Unitarians, objected to the Bible reading pursuant to the statute on the grounds, among others, that this constituted an establishment of religion and prohibited the free exercise *817 of religion in violation of the First Amendment. Section 1516 provided for the compulsory reading of ten verses of the "Holy Bible" at the opening of each public school in the Commonwealth of Pennsylvania on each school day by teachers or by students and prescribed a specific penalty to be imposed on a teacher in case of failure to obey the mandate of the statute. The purpose of the suit was to have this court declare unconstitutional Section 1516 of the Pennsylvania Public School Act of March 10, 1949, as it then existed. To recapitulate events briefly we state that the suit at bar was brought on February 14, 1958, by Edward and Sidney Schempp as parents and natural guardians of the minor plaintiffs, Ellory, Roger and Donna, all residents of Abington Township, Pennsylvania, against the School District of Abington Township, against the Principal of the Abington Senior High School and the Principal of the Huntingdon Junior High School, in Abington Township. Forer, Philadelphia, Pa., amicus curiae.īefore BIGGS, Circuit Judge, and KIRKPATRICK and KRAFT, District Judges.įor a full understanding of the problems presented by this case it will be necessary to read our earlier opinions at D.C.1959, 177 F. Orlofsky, Philadelphia, Pa., for Jewish Community Relations Counsel of Greater Philadelphia, amicus curiae. Mann, Philadelphia, Pa., for American Jewish Congress, amicus curiae. ![]() ![]() Adler, Harrisburg, Pa., for Pennsylvania State Education Ass'n. ![]() Gen., for Superintendent of Public Instruction. Rieder, Abington, Pa., for defendants and School Dist. Ward, III, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., Percival R. Elsbree, Philadelphia, Pa., for plaintiffs.Ĭ. SCHOOL DISTRICT OF ABINGTON TOWNSHIP, PA., et al. ![]()
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