ABINGTON SCHOOL DIST. v. SCHEMPP

No. 142.

374 U.S. 203 (1963)

SCHOOL DISTRICT OF ABINGTON TOWNSHIP, PENNSYLVANIA, ET AL. v. SCHEMPP ET AL.

Supreme Court of United States.

Decided June 17, 1963.


Attorney(s) appearing for the Case

John D. Killian III, Deputy Attorney General of Pennsylvania, and Philip H. Ward III argued the cause for appellants in No. 142. With them on the brief were David Stahl, Attorney General of Pennsylvania, Percival R. Rieder and C. Brewster Rhoads.

Henry W. Sawyer III argued the cause for appellees in No. 142. With him on the brief was Wayland H. Elsbree.

Leonard J. Kerpelman argued the cause and filed a brief for petitioners in No. 119.

Francis B. Burch and George W. Baker, Jr. argued the cause for respondents in No. 119. With them on the brief were Nelson B. Seidman and Philip Z. Altfeld.

Thomas B. Finan, Attorney General of Maryland, argued the cause for the State of Maryland, as amicus curiae, urging affirmance in No. 119. With him on the brief were James P. Garland and Robert F. Sweeney, Assistant Attorneys General of Maryland. Richmond M. Flowers, Attorney General of Alabama, Robert Pickrell, Attorney General of Arizona, Bruce Bennett, Attorney General of Arkansas, Richard W. Ervin, Attorney General of Florida, Eugene Cook, Attorney General of Georgia, Allan G. Shepard, Attorney General of Idaho, William M. Ferguson, Attorney General of Kansas, Jack P. F. Gremillion, Attorney General of Louisiana, Frank E. Hancock, Attorney General of Maine, Joe T. Patterson, Attorney General of Mississippi, William Maynard, Attorney General of New Hampshire, Arthur J. Sills, Attorney General of New Jersey, Earl E. Hartley, Attorney General of New Mexico, Thomas Wade Bruton, Attorney General of North Carolina, J. Joseph Nugent, Attorney General of Rhode Island, Daniel R. McLeod, Attorney General of South Carolina, Frank R. Farrar, Attorney General of South Dakota, and George F. McCanless, Attorney General of Tennessee, joined in the brief on behalf of their respective States, as amici curiae.


MR. JUSTICE CLARK delivered the opinion of the Court.

Once again we are called upon to consider the scope of the provision of the First Amendment to the United States Constitution which declares that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." These companion cases present the issues in the context of state action requiring that schools begin each...

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