Constitutional Law. Religious Liberty. Bible Reading in Public Schools

1915 ◽  
Vol 3 (2) ◽  
pp. 152
2021 ◽  
pp. 1-30
Author(s):  
Linda Przybyszewski

In 1869, the Cincinnati school board ended a forty-year tradition of Bible reading in the schools in an attempt to encourage Catholics to use them, thus provoking national controversy and a lawsuit brought by pro-Bible advocates. Scholars regularly cite the Ohio Supreme Court decision in favor of the school board as a landmark in the legal separation of church and state. This article interrogates the meaning of the secularization of law by examining expressions of juristic, pedagogic, and popular consciousness in the multiple levels and spaces where individuals raised and resolved constitutional questions on education. Dissenting Christian tradition shaped the legal brief of Stanley Matthews, the school board's lead attorney. Matthews' sacralized the religious liberty guarantee found in the Ohio Constitution within a post-millennialist framework. Ohio Chief Justice John Welch hybridized Christian dissenting tradition with deistic rationalism in <u>Board of Education v. Minor, et al</u>, thus appealing to as broad a constituency as had the right to elect justices to the Ohio Supreme Court. The limited, technical ruling allowed for a metropole/periphery divide in educational practice, so that Bible reading and prayer in Ohio public schools continued well into the 20th century. Far from a landmark in secularization of the law, the Bible War case demonstrates the persistent power of religion to frame law, including the law of religious liberty.


Author(s):  
Candy Gunther Brown

Chapter 1 illuminates the educational and legal contexts in which yoga and meditation entered the U.S. cultural mainstream. Beginning in the seventeenth century, public schools taught Protestant Christianity. Since the mid-twentieth century, public schools have been tasked by courts with providing a secular education and by educational reformers with shaping moral character and ethical behavior. Yoga and meditation appeal to educators because they promise not only to enhance physical, mental, and emotional health but also to instill morality and ethics without promoting religion. The U.S. Supreme Court issued a series of landmark rulings, among them Engel v. Vitale (1962) and School of Abington Township v. Schempp (1963), that prohibited public schools from endorsing religious practices such as prayer and Bible reading. The Court developed constitutional tests, the Lemon test, endorsement test, and coercion test, for identifying violations of the Establishment Clause of the First Amendment, based on principles of religious voluntarism, equality, and nondiscrimination. Through the federal cases Malnak v. Yogi (1979) and United States v. Meyers (1996), courts developed the Malnak-Meyers indicia of religion. In 2008, the Equal Employment Opportunity Commission (EEOC) identified the imposition of yoga and meditation as reverse religious discrimination.


2021 ◽  
pp. 17-30
Author(s):  
Kathleen Wellman

This chapter discusses the three publishers of the textbooks this book treats: Bob Jones University, Abeka Books, and Accelerated Christian Education. It addresses when and why they began to publish and the controversies and legal challenges they subsequently generated. It explores the history of their sponsoring educational institutions and their stated missions. It places them in the context of Christian opposition to public education as it developed in response to the teaching of evolution, the Supreme Court decisions of the 1960s prohibiting prayer and Bible reading in public schools, and, most importantly, desegregation. These three publishers have offered an alternative “Christian” education since the early 1970s.


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