The Supreme Court today abruptly reversed a Florida Supreme Court ruling that permitted Bible reading and recitation of the Lord’s Prayer in public schools. The High Court cited its decisions of last term that devotional exercises of this kind are an “establishment of religion” forbidden by the Constitution. Florida law requires Bible reading but does not mention other practices.
A group of Miami parents also objected to baccalaureate programs questioning children about their religious affiliation and that of their parents; and a religious test for teachers. The Court’s brief order today dismissed these complaints “for want of properly presented Federal question.” Members of the complaining group are either Jewish, Unitarian or agnostic.
The case came to the U.S. Supreme Court last term after Florida tribunals had struck down such state practices as use of the school premises after hours for Bible instruction, exhibition of religious films in the schools, and presentation of Christmas, Easter and Chanukah programs. The U. S. Supreme Court sent the case back for further consideration in light of its decision on Bible reading and the Lord’s Prayer. But the Florida Supreme court approved the practices a second time on the ground that their purpose was to encourage good moral training rather than to promote religion. The State Court cited remarks to this effect by the State Legislature in the preface to the statute.
The action today was in the form of a brief, unsigned opinion. Justice Potter Stewart dissented. He said the court should have heard arguments on the case. Stewart was the sole dissenter in the two previous decisions that states may not provide for religious devotions in public schools.
Justice William O. Douglas and Justice Hugo L. Black Joined the others in reversing the prayer and Bible reading aspects of the case, but they thought a substantial question was presented as to a religious test for teachers. They noted that applicants are required to answer the question, “Do you believe in God?” They said religious attitudes are also considered in making promotions. The court ruled some time ago that a religious test may not be made a requirement for state office. The case concerned a Maryland man who sought a notary public’s license.
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