Section 9.6 Religious Studies

• Library: School Law (2003 Ed. + 2016 Supp)

D. (§9.6) Religious Studies

Devotional Bible reading sponsored by school officials constitutes a violation of the Establishment Clause. Some courts have suggested, however, that Bible study undertaken on a historical, nondevotional basis is permissible. Wiley v. Franklin, 468 F. Supp. 133, 151 (E.D. Tenn. 1979) (Wiley I); Hall v. Bd. of Sch. Comm’rs of Conecuh County, 656 F.2d 999, 1002 (5^th Cir. 1981); Herdahl v. Pontotoc County Sch. Dist., 933 F. Supp. 582 (N.D. Miss. 1996) (schools cannot attempt to indoctrinate children as to the veracity of the biblical materials); Gibson v. Lee County Sch. Bd., 1 F. Supp. 2d 1426 (M.D. Fla. 1998) (court held that Old Testament Bible history course satisfied the secular purpose, but the New Testament Bible study curriculum had the primary purpose of promoting Christianity).

The Wiley trilogy presents a...