Attorney General Wilber M. Brucker held the revised draft of Harnly Bible bill constitutional in an opinion submitted to George C. Watson, chairman of the House Judiciary Committee, which has the measure under consideration.
In its original form the bill authorized not only Bible reading, but also Bible classes in the public schools. It now provides only for the reading of the Bible and for the excusing of pupils to receive religious instruction elsewhere. Mr. Brucker cites a Michigan supreme court decision to the effect that Bible reading without comment is permissable in the public schools. He holds that in the absence of any constitutional prohibition, a statute requiring the excusing of pupils for religious instruction may be adopted.
At public hearings on the bill, Rabbis A. M. Hershman and Leon Fram were among those who appeared in opposition to it.
Attorney General Brucker’s opinion read in part: “It appears that in place of the language proposed by the original bill, the following provision is to be substituted upon which you desire our opinion as to its constitutionality.
“Provided, however, that the provisions’ of this section, (of the school law) shall not be construed as prohibiting or interfering with the reading of the Bible in the public schools of this state. However, no child shall be required to attend or participate in such reading of the Bible contrary to the wishes of his parent or guardian. Upon the written request of parents or guardians, pupils in any of the grades may be excused from school for religious instruction in the principles of right living, provided, however, that such pupils shall not be excused more than twice each week for periods of one hour each.
“The constitutionality of this proviso (Continued on Page 4)
The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
