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J.D.B. News Letter

February 14, 1928
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Michigan Attorney General Rules Against Use of Bible in Public Schools (By Our Special Correspondent)

Use of the Bible in public schools was prohibited today by Attorney-General W. W. Potter in an opinion which necessitates discontinuance of religious courses in the various normal schools and at Michigan State College.

The opinion had been requested by Dr. W. K. Wilson, a member of the Lansing school board, who said he desired a ruling to guide him in his future work on the board.

Potter explained that the constitution clearly prevents use of any religious textbooks. Although the State college and the normals are not “public schools” under the law, authorities explained the constitutional provision affecting the lower institutions would have little effect upon them.

The University of Michigan is not concerned with the ruling. Religious training there is conducted in a separate building not maintained by the State. The normals and the State college conduct courses designed to “fix the students’ thoughts on the teachings of Jesus.”

Webster H. Pearce, superintendent of public instruction, admitted that the Bible is read in both grade and high schools in many sections. E. T. Cameron, executive secretary of the Michigan Educational association, said that outlines for Bible study have been sold extensively by the association for use in high schools throughout the State. He added that in many schools the classes are conducted in nearby churches rather than in the public building.

The fact that Bible study is optional does not evade the provisions of the constitution. Potter ruled. In brief, his findings are as follows:

Sectarian books may not be used in the public schools.

School boards have no authority to establish or continue courses in religious subjects.

Public school buildings may not be used for religious instruction.

Any text book stressing the doctrines of the Protestant or any other religion cannot be used in the public schools.

Public funds cannot be used for purchasing religious text books or to pay salaries of religious teachers.

Discussing the proposal that because religious courses or Bible reading periods are not unconstitutional as they are optional to the student, the attorney general quoted an opinion by the Iowa supreme court saying this fact is of no consequence.

“The rule applied by the supreme court of Iowa in this case applies to the teaching of any religion, whether Protestant, Jewish, Mohammedanism, Buddhism or any other sect or denomination,” Potter said.

“This principle of unfettered individual liberty of conscience necessarily implies, what is too often forgotten, that such liberty must be so exercised by him to whom it is given so as not to infringe upon the equally sacred right of his neighbor to differ with him. To that end it is fundamental that the law itself shall be free from all taint of discrimination, and that the State shall be watchful to forbid the use or abuse of any of its powers or privileges in the interests of any church or sect. Nowhere is such an abuse more likely to manifest itself than in our system of public schools.

“If there is any one thing which is well settled in the policies and purposes of the American people as a whole, it is the fixed and unalterable determination that there shall be an absolute separation of the Church and State, and that our public school system shall not be used directly or indirectly for religious instruction.”

Continuing, Potter explained that Bible reading before classes by teachers is as much an infringement of the right to religious freedom as is instruction.

“If parents or other persons charged with the education of children desire to have them educated in matters of religion, the children can be sent to private sectarian or parochial schools,” the opinion concluded, “so long as the standard of education in such institutions is substantially equivalent to that prescribed by the State for public schools.”

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