Minersville School District v. Gobitis 1940

AuthorDaniel Brannen, Richard Hanes, Elizabeth Shaw
Pages108-111

Page 108

Petitioners: Minersville School District, et al.

Respondents: Walter Gobitis, et al.

Petitioners' Claim: That requiring school students to say the pledge of allegiance does not violate the First Amendment freedom of religion.

Chief Lawyer for Petitioners: Joseph W. Henderson

Chief Lawyers for Respondents: George K. Gardner and Joseph R. Rutherford

Justices for the Court: Hugo Lafayette Black, William O. Douglas, Felix Frankfurter (writing for the Court), Charles Evans Hughes, James Clark McReynolds, Frank Murphy, Stanley Forman Reed, Owen Josephus Roberts

Justices Dissenting: Harlan Fiske Stone

Date of Decision: June 3, 1940

Decision: The Court upheld the law requiring students to salute the flag.

Significance: In 1940, while America was being pulled into World War II, the Supreme Court made national loyalty more important than the freedom of religion. Three years later, however, the Court decided that forcing students to say the pledge of allegiance violates the First Amendment freedom of speech.

Page 109

Freedom of religion in America suffered a loss in Minersville School District v. Gobitis. The case began around 1940 in Minersville, Pennsylvania, where the school board required teachers and students to salute the American flag each day.

Lillian and William Gobitis were Jehovah's Witnesses who refused to salute the flag. Jehovah's Witnesses is a form of Christianity that makes obedience to the Bible more important than following the laws of government. Jehovah's Witnesses believe that saluting the American flag violates the Bible's command not to worship anyone or anything except God.

The Minersville school district expelled the Gobitis children from school for their refusal to salute the flag. Their parents enrolled them in private school, but it cost too much for the family to afford. The Gobitis family decided to send the children back to public school, and their father filed a lawsuit to prevent the Minersville school district from forcing the children to say the pledge of allegiance. Mr. Gobitis got the order he wanted from the trial court, so Minersville appealed to the U.S. Supreme Court.

Country before religion

In an 8–1 decision, the U.S. Supreme Court reversed and ruled in favor of the school district. Writing for the Court, Justice Felix Frankfurter said the case was a battle between the...

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