Abington School District V. Schempp - Subsequent Developments

Subsequent Developments

The public was divided in reaction to the Court's decision; the decision has sparked persistent and ongoing criticism from proponents of prayer in school. In 1964, Life magazine declared Madalyn Murray O'Hair, the mother of the plaintiff in one of the cases, "the most hated woman in America."

Newspapers were no exception. The Washington Evening Star, for example, criticized the decision, declaring that "God and religion have all but been driven from the public schools. What remains? Will the baccalaureate service and Christmas carols be the next to go? Don't bet against it." In contrast, the New York Times was more accepting of the Court's ruling. The paper printed significant portions of the opinions with no significant comments, either supportive or critical. Opponents characterized the decision as the one which "kicked God and prayer out of the schools".

The views of various religious entities on the decision split between mainline Protestants and Jews, who in general strongly supported the decision, and evangelical Protestants and conservative Catholics, who strongly opposed the decision. Speaking from the conservative Protestant perspective, the Reverend Dr. Billy Graham said, "n my opinion ... the Supreme Court ... is wrong. ... Eighty percent of the American people want Bible reading and prayer in the schools. Why should a majority be so severely penalized ...?" The mainline denominations, with the exception of the Roman Catholic Church, registered less critical opinions of the verdict, in fact seeing it as a boon to religious freedom by its very limiting of governmental authority in the sphere of public schools.

The United States Congress reacted to the decision by drafting over 150 resolutions to overturn it by amending the Constitution. Abington v. Schempp was used as precedent for similar cases like Board of Education v. Allen and Lemon v. Kurtzman in the decades that followed. The three part Lemon test had its basis in the jurisprudence of Abington v. Schempp. Under the test, the constitutionality of a given church-state law is weighed by three criteria: sponsorship, financial support, and active involvement of the government in religious activity.

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