The American Jewish Congress hailed an order of the Supreme Judicial Court of Massachusetts declaring unconstitutional a state law requiring public school teachers to set aside a period at the beginning of each school day for “voluntary prayer.”
Lawyers for the AJCongress, joined by attorneys from the Civil Liberties Union of Massachusetts, challenged the constitutionality of the statute on Feb. 5, the day it went into effect, in behalf of public school children and their parents in Framingham and Marblehead; Mass.
The court last Thursday issued a brief order striking down the statute and enjoining the state Commissioner of Education and local school officials. from enforcing it. A brief statement accompanying the order said a more formal opinion or opinions would follow. The order did present a brief explanation of the ruling.
The court observed that prayer was an invocation of the deity, whether the supplicant sought a spiritual or secular end. The court also cited a 1963 U.S. Supreme Court decision in the Schempp case, which outlawed the practice of Bible-reading in public schools, and the 1962 ruling in the case of Engel v. Vitale. In accordance with that decision, the Massachusetts court said it was irrelevant that those reciting the prayer were volunteers and that students who decided to be excused were afforded an opportunity to do so.
Alexandra Moses of Boston, president of the New England Region of the AJCongress, said:”The decision of the Supreme Judicial Court of Massachusetts in striking down the state low requiring prayers in public schools as unconstitutional is a major victory for religious liberty and separation of church and state….
“Unfortunately, state-legislatures from time to time accede to the views of those who seek to circumvent the First Amendment. Today’s (Thursday’s) decision is a welcome sign that one state court at least, recognizes its constitutional duty to follow the U.S. Supreme Court, which nearly 20 years ago prohibited praying and Bible-reading in the public schools.”
Help ensure Jewish news remains accessible to all. Your donation to the Jewish Telegraphic Agency powers the trusted journalism that has connected Jewish communities worldwide for more than 100 years. With your help, JTA can continue to deliver vital news and insights. Donate today.
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.
