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 RELIGION
AND THE LAW
IN AMERICA
 RELIGION
AND THE LAW
IN AMERICA
An Encyclopedia of Personal Belief
and Public Policy

VOLUME 1

Scott A. Merriman

Santa Barbara, California Denver, Colorado Oxford, England

Copyright 2007 by ABC-CLIO, Inc.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted, in any form or by any means, electronic, mechanical, photocopy-
ing, recording, or otherwise, except for the inclusion of brief quotations in a review, with-
out prior permission in writing from the publishers.

Library of Congress Cataloging-in-Publication Data

Merriman, Scott A.
Religion and the law in America : an encyclopedia of personal belief and public policy /
Scott A. Merriman.
p. cm.
Includes bibliographical references and index.
978-1-85109-863-7 (hardcopy : alk. paper) — 978-1-85109-864-4 (ebook)
1. Freedom of religion—United States—Encyclopedias. 2. Religion and law—
United States—Encyclopedias. 3. Church and state—United States—Encyclopedias.
4. Religion and law—United States—Cases. I. Title.

KF4783.A68M47 2007
342.7308’5203—dc22
2007002579

11 10 09 08 07 1 2 3 4 5 6 7 8 9 10

Production Editor: Vicki Moran

Editorial Assistant: Sara Springer
Production Manager: Don Schmidt
Media Editor: J. R.Withers
Media Resources Coordinator: Ellen Brenna Dougherty
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This book is printed on acid-free paper ∞

Manufactured in the United States of America

 To my mentors who have been teachers,
inspirers, believers, prophets, and friends;
to my wife, Jessie, who has been all of those
and more; and to my daughter, Caroline,
who makes me laugh and smile.
 CONTENTS
VOLUME 1 Timeline, A–G
VOLUME 2 H–Z, Glossary

Introduction, xiii
Acknowledgments, xxi

VOLUME 1

TIMELINE, 1 The Supreme Court and the Establishment

Clause, 89
ESSAYS
Church-State Relations, 11
A
Freedom of Religion, 16 “Absolutist” interpretation of the First
Government Involvement in the Teaching of Amendment, 99
Creationism and Evolution, 23 Abstinence, government grants to force
Important Organizations in the Development teaching of, 101
of Religion and the Law, 28 Abuse of nonreligious conscientious objectors
Issues of Taxation and Funding and Religious in World War I, 103
Groups, 33 Abuse of religious conscientious objectors in
Major Court Cases Involving Religion in World War I, 104
U.S. Legal History, 38 ACLU—goals and efforts of the ACLU in
Personal Issues of Religion and State, 45 the area of religion, 105
Prayer and Bible Reading in Public ACLU of Kentucky v. McCreary County, 108
Schools, 51 Addition of “under God” to Pledge of
Religion and Issues of Employment, 57 Allegiance, 110
Religion and Politics in American Public African American draft resisters during the
Opinion and Public Attitudes toward the Vietnam War, 112
Free Exercise of Religion, 62 African American religious conscientious
Religion and Politics in the Framing of the objectors in World War II, 114
Constitution, 68 Agostini v. Felton, 116
Religion in Times of War, 72 Aguilar v. Felton, 118
Religious Proselytizers and the Law: One Airport Commissioners v. Jews for Jesus, 120
Person’s Religion versus Another’s Right
American Civil Liberties Union (ACLU)
to Be Left Alone, 79
establishment (NCLB at founding), 122
The Development of Religion and State in
American Indian Religious Freedom Act, 124
America and the World, 84

vii
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viii CONTENTS

American Revolution’s effect on C

religion, 125 Cantwell v. Connecticut, 167
Americans United for Separation of Church Capital punishment and religious-based
and State, 127 opposition to it, 168
Ansonia Board of Education v. Philbrook, 128 Capitol Square Review and Advisory Board v.
Answers in Genesis, 130 Pinette, 170

Avoidance of the issue of evolution in many Celebration of Halloween and singing

teaching standards, 131 Christmas carols, 172
Center for Law and Religious Freedom, 173

B Chapman v. Thomas, 175

Baehr v. Lewin, 135 Cheema v. Thompson, 176
Jim and Tammy Faye Bakker scandal, 137 Church of the Holy Trinity v. United States, 177
Banning of suicide in law and its interaction Church of the Lukumi Babalu Aye v. City of
with religion, 139 Hialeah, 178
Battle against pornography—religious Comity doctrine between states in the area
elements, 139 of marriage and divorce, 180
Berg v. Glen Cove City School District, 140 Common law marriage, 182
Bible controversy and riots, 141 Confidentiality for religious figures, 183
Hugo Black, 143 Corporation of Presiding Bishop v. Amos, 184
Blaine Amendment, 145 County of Allegheny v. Greater
Board of Education Kiryas Joel Village School v. Pittsburgh ACLU, 185
Grumet, 147 Creation Research Society, 187
Board of Education of Cincinnati v. Minor, 149 Creation Science Research Center, 188
Board of Education v. Pico, 150 Crowley v. Smithsonian Institution, 189
Board of Regents of the University of Wisconsin Cults, law’s treatment of people in, 190
System v. Southworth et al., 152
Curriculum of home schools and
Bob Jones University v. United States, 153 reporting, 193
Boerne v. Flores, 156 Custody battles, 195
Bowers v. Hardwick, 158 Cutter v. Wilkinson, 196
Boy Scouts of America v. Dale, 159
Brandeis nomination and service on the D
Supreme Court, 161 Dawes Severalty Act and the banning of
Braunfeld v. Brown, 162 Native American religions, 199

Bronx Household of Faith v. Community School Discovery Institute, 201

District No. 10, 164 Divorce, marriage, and religion, 203
 CONTENTS ix

Donahoe v. Richards, 204 Fairfax Covenant Church v. Fairfax City

Doremus v. Board of Education, 205 School Board, 236

Duro v. District Attorney, Second Judicial District Farrington v. Tokushige, 238

of North Carolina, 206 Federal income tax and religion, 239
Fike v. United Methodist Children’s Home of
E Virginia, Inc., 242
Edwards v. Aguillard, 209
First Amendment, 244
EEOC v. Kamehameha Schools/
Flast v. Cohen, 246
Bishop’s Estate, 212
Footnote Four of United States v. Carolene
Elk Grove Unified School District
Products Company, 247
v. Newdow, 213
Felix Frankfurter, 248
Employment Division v. Smith, 216
Engel v. Vitale, 219
G
Epperson v. Arkansas, 221
Gay marriage, 251
Equal Access Act of 1984, 223
General legal treatment of Mormons, 253
Equal time laws, 226
Ghost Dance Massacre, 256
Established churches in colonial America, 227
Gitlow v. New York, 258
Establishment of Pennsylvania as religious
Goldman v. Weinberger, 260
colony for Quakers, 230
Gonzales v. O Centro Espirita Beneficiente
Estate of Thornton v. Caldor, 232
Uniao Do Vegetal, 262
Everson v. Board of Education, 233
Good News Club v. Milford Central School, 263

F Good News/Good Sports Club v. School District

Failure to treat due to religious beliefs, 235 of the City of Ladue, 265

VOLUME 2

H I
Harris v. McRae, 269 Influence of religion on Eighteenth
Heffron v. International Society for Krishna Amendment, 279
Consciousness, Inc., 270 “In God We Trust” on U.S. currency, 281
Hibbs v. Winn, 271 Incorporation, 282
The Holocaust and lawsuits by survivors, 272 Institute for Creation Research, 283
Anne Hutchinson, 275 Intelligent Design, 284
x CONTENTS

International Society for Krishna Consciousness v. Marriage—right to conduct, 338

Lee; Lee v. International Society for Krishna
Marsh v. Chambers, 339
Consciousness, 286
Maryland Charter and 1654 law
disestablishing religious freedom, 340
J
Thomas Jefferson, 291 McCollum v. Board of Education, 343

Jewish seat on the Supreme Court, 292 McCreary County v. ACLU, 346

Jones v. Opelika, 293 McGowan v. Maryland, 354

Members of Jamestown School Committee v.
Schmidt, 357
K
Kansas battle over evolution, 297 Metzl v. Leininger, 358
Martin Luther King, Jr., 299 Mitchell v. Helms, 359
Kitzmiller v. Dover Area School District, 301 Mueller v. Allen, 361

L N
Lamb’s Chapel v. Center Moriches School Nally v. Grace Community Church of
District, 307 the Valley, 365
Lanner v. Wimmer, 308 National Academy of Sciences, 365
Law’s treatment of priests who are child National Center for Science
molesters, 309
Education, 367
Law’s treatment of religious charities, 311
Native American combination of religion
Lawrence and Garner v. Texas, 313 and law, 368
Lee v. Weisman, 317 New Jersey v. Massa, 370
Lemon v. Kurtzman, 320 1960 election and role of anti-Catholic
Little v. Wuerl, 323 sentiment, 372
Locke v. Davey, 325 1995 statement on “Religious Expression in
Loving v. United States, 327 Public Schools,” 373

Lyng v. Northwest Indian CPA, 329 Nomination of William Pryor to the

Eleventh Circuit Court of Appeals, 378
Null v. Board of Education, 379
M
James Madison, 333
Magna Carta, 334 O
Sandra Day O’Connor, 381
Maguire v. Marquette University, 336
Madalyn Murray O’Hair, 383
Mandatory education in the American
colonies and its relationship to religion, Ohio Civil Rights Commission v.
337 Dayton Schools, 384
 CONTENTS xi

P Religious Freedom Restoration Act

Pace v. Alabama, 387 of 1993, 431
Palko v. Connecticut, 388 Reynolds v. United States, 433
Paying for tests and other aid for private Right to die and religion, 433
schools, 389
Right to distribute religious materials in
Peloza v. Capistrano Unified School District, 392 schools, 435
Pierce v. Society of Sisters, 393 Ring v. Board of Education, 436
Police Department of City of Chicago Roberts v. Madigan, 438
v. Mosley, 394
Roe v. Wade, 439
Prayer at graduations and other events, 397
Rosenberger v. Rector and Visitors of the
Prayer before school board meetings and University of Virginia, 441
other meetings, 400
Charles Taze Russell and Judge
Privacy, religion, and the law, 401 Rutherford, 444
Public Funds for Public Schools of New Jersey
v. Byrne, 405
S
Punishment and religion, 406 Salem witch trials, 447
Puritans, Pilgrims, and the law, 407 Saluting the flag, 448
Santa Fe Independent School District v.
R Doe, 454
William H. Rehnquist, 411 Antonin Scalia, 456
Religion and attitudes toward marriage School District of Abington Township
historically in the United States, 413 v. Schempp, 458
Religion and the defense of slavery, 413 Scopes v. Tennessee/Scopes Monkey Trial, 462
Religion and nineteenth-century reform, 416 The Shakers, the Oneida community, and the
Religion and opposition to women’s law, 466
rights, 418
Sherbert v. Verner, 469
Religion and prisons, 420
Sherman v. Community School District 21, 471
Religion in presidential elections before
Shift away from anti-Catholicism from 1960
1960, 422
to 2004, 472
Religion in presidential elections since
Slaves, rights, and religion, 473
1960, 425
Smith v. Board of School Commissioners of
Religious conscientious objectors in World
Mobile County, 475
War II, 427
Snyder v. Charlotte Public Schools, 476
Religious elements of the civil rights
movement, 428 State constitutions and the federal First
Religious freedom in Rhode Island in Amendment, 477
colonial times, 429 Stone v. Graham, 479
xii CONTENTS

Swaggart Ministries v. California Board of W

Equalization, 480 Walker v. Birmingham, 507
Swanson v. Guthrie Independent School District Wallace v. Jaffree, 508
No. I-1, 482 Walz v. Tax Commission of the City of
New York, 510
T Washegesic v. Bloomingdale Public Schools, 512
Tilton v. Richardson, 483 Watchtower Bible and Tract Society of New York v.
Tipton v. University of Hawaii, 486 Village of Stratton, 513
Torcaso v. Watkins, 487 Webster v. New Lenox School District, 515
Trans World Airlines v. Hardison, 488 Welsh v. United States, 516
Treatment of Jews, both in colonial times and Widmar v. Vincent, 519
after the American Revolution, 491 Wiley v. Franklin, 521
Treatment of Muslims by the public after Roger Williams, 522
September 11, 2001, 492
Wisconsin v. Yoder, 524
Tudor v. Board of Education of Borough of
Rutherford, 494 Witchcraft and the law—past and
present, 527
Witters v. Washington Department of Service
U for Blind, 528
United States v. Board of Education for the School
District of Philadelphia, 497 Wright v. Houston Independent School
District, 530
United States v. Kauten, 498
United States v. Seeger, 500
Z
Zelman v. Simmons-Harris, 531
V Zobrest v. Catalina Foothills School
Valley Forge College v. Americans United, 503 District, 535
Virginia Statute for Religious Freedom, 505 Zorach v. Clauson, 537

Glossary, 541
Bibliography, B-1
Index, I-1
About the Author
 INTRODUCTION

F reedom of religion is probably the freedom

that Americans hold the dearest, at least
publicly. However, the limits of that freedom,
appeal, the matter would end. Many cases end
just like that. Above the lower court is an ap-
peals court (even though each state’s court sys-
and the limits of the corresponding First tem has different names for each level), and
Amendment clause against a governmental es- there can be more than one level of appeals
tablishment of religion, are very murky, espe- courts.The loser there can again appeal, and the
cially when the freedom of one individual’s re- state’s highest court often has choice, or what
ligion begins to clash with the prohibition is called discretionary authority, to decide
against the government’s establishment. This whether to hear the appeals. After the highest
encyclopedia identifies some of the boundaries level of the state court, if there is a federal con-
of those freedoms, seeks to explain the overall stitutional issue involved, like the First Amend-
development of the freedom of religion, and ment for issues of religion, the case can be ap-
highlights some of the important judicial deci- pealed to the U.S. Supreme Court.The federal
sions that have shaped it.The encyclopedia dis- court system hears all cases under federal law,
cusses the interaction between religion and the whether civil or criminal law, and also can hear
law in America; it does not aim to give legal cases involving federal issues that began in state
advice. court. Cases start at the district court level;
Before we look at the history of freedom of there are ninety-four district courts, with most
religion in America, a short explanation is in handling the cases that arise in a certain geo-
order about the workings of the U.S. court sys- graphical district.The loser (except in the case
tem and how cases come before the U.S. of an acquittal with a criminal trial) can always
Supreme Court.The Supreme Court is gener- appeal the verdict from the district court to a
ally seen as the top court in America—and it is, circuit court of appeals.There are thirteen cir-
for America, especially in the area of religion. cuit courts of appeals in the United States, and
However, in many matters, the U.S. Supreme all but one have geographical jurisdictions (the
Court is mostly irrelevant as one can take a case last handles almost all cases dealing with
to that court only if the federal Constitution is patents, trademarks, and trade, among others,
in some way involved. Thus, if the matter in- from across the nation). The circuit courts of
volves a state law and no provision of the U.S. appeals generally must hear the cases brought
Constitution is implicated, the case must end at before them, and appeals can be taken from
the highest level of state courts and often does these courts to the U.S. Supreme Court. The
not even get there. If only the state constitution U.S. Supreme Court, however, has discretion in
or a state law is involved, the case would prob- deciding what cases it hears, and at least four
ably begin in the lowest state court, and if an Supreme Court justices must vote to hear a
acquittal occurred (assuming it was a criminal case before it will be heard. The Supreme
case) the matter would end there. If a convic- Court also hears relatively few cases—only
tion occurred, or if a civil case was decided around one hundred cases a year in recent years.
under a civil law (civil law is concerned with The American colonies were founded for
personal rights, such as contracts), then who- many different reasons, and as many different
ever lost could appeal it; if the person did not desires led people to come to this country;

xiii
xiv INTRODUCTION

only one of these was religion.Thus, the often ferent amendments; after discussion in the
cherished idea that people came to America Congress, twelve were formulated and passed
solely for religious freedom is clearly not true. on to the states for ratification. The states
However, it is also true, obviously, that religion passed all but the first two of those, and the re-
did motivate some. Many of the early colonies sulting ten amendments became what we
had established churches, as religious freedom today know as the Bill of Rights. The First
meant, to many early colonial leaders, freedom Amendment reads, “Congress shall make no
to practice the religion of the colony’s law respecting an establishment of religion, or
founders, not freedom to practice any religion prohibiting the free exercise thereof; or
(and certainly not the freedom to be without abridging the freedom of speech, or of the
a religion). Many pitched ideological battles press, or the right of the people peaceably to
were fought over religion in the early colonies, assemble, and to petition the government for a
and a few—most notably Rhode Island and redress of grievances.” Thus, the First Amend-
Pennsylvania—expressly granted toleration to ment contains two parts, both a prohibition
all religions. By the time of the American against the government’s establishment of a re-
Revolution, official churches had been re- ligion and the prohibition against the govern-
moved in several colonies, and the trend was ment’s interference with someone’s freedom of
clearly to slowly move away from an official religion. The first part has frequently been
church. called the establishment clause and the second
The American Revolution itself did little to part the free exercise clause, and neither is, ob-
change religion, but the colonies all had to viously, self-defining.
create their own constitutions once indepen- Even though there is ambiguity about the
dence had been declared, and this process led First Amendment’s precise boundaries in the
some to formally remove the state-supported area of religion, the First Amendment seldom
church or to alter its status.The national gov- came before the Supreme Court in the first
ernment created during the American Revo- one and a half centuries after the amendment’s
lution also did little with religion, but this was passage. This was largely due to two factors.
in large part because the Articles of Confeder- The first was that the First Amendment was
ation gave the federal government little power held to apply only to federal actions.Thus, if a
in any area.When the time came to change the state acted in a way that might be viewed as
articles, the result was our current Constitu- infringing a person’s freedom of religion or as
tion (even though it has been amended several establishing a religion, the First Amendment
times since).The new Constitution gave much did not come into consideration. If a state
more power to the central government, constitution had provisions similar to those of
enough that some people became nervous, the First Amendment, the state’s law might still
fearing that a tyrannical government would be unconstitutional, but it would be so because
emerge and that all the people’s rights would it violated the state constitution, not the fed-
disappear. This fear was not sufficient to stop eral one.The reason was because the Supreme
the Constitution’s adoption, but it was perva- Court in 1833 ruled that the Bill of Rights
sive enough that several states called for the limited only the federal government and did
national government to adopt a bill of rights not limit the state governments.The second is
that would spell out the limits on the federal that the states were the most likely bodies, par-
government.The first Congress undertook this ticularly at the time, to pass laws in the area of
assignment, and James Madison was the lead- religion.The federal government did not con-
ing figure in the discussions. He took the cern itself much with education or personal
states’ suggestions and drafted a number of dif- conduct in the states, and those are the areas
 INTRODUCTION xv

where most questions of religion arise today. tional under the First Amendment. The
Thus, it is not surprising that few cases involv- Supreme Court did not give any reason for de-
ing religion made it to the Supreme Court. ciding to interpret the Fourteenth Amendment
In the few that did, federal power was gen- in this way, nor did they give a reason for not
erally upheld at the expense of religion. In the including the freedom of religion, but the case
last half of the nineteenth century, the federal in question involved freedom of speech and the
government did pass laws that regulated con- press, and that probably was why these were the
duct in the federal territories, and some of these only two freedoms mentioned. It is also clear
involved religion.The best-known law was one that the liberty mentioned in the Fourteenth
banning polygamy (or being married to multi- Amendment is not self-defining, and so the
ple women at the same time), which was passed Supreme Court was right to define it, regard-
in 1862. The law was aimed at the Mormon less of one’s opinion on whether the First
Church in the Utah territory, as it sanctioned Amendment is part of that liberty. In 1940, the
multiple marriages among its church leaders. Supreme Court took the next step in applying
Congress passed a series of laws directed against the First Amendment against the states and
that practice, eventually removing the vote from held that the liberty of the Fourteenth Amend-
anyone who publicly supported the practice ment which limited the states included the
and revoking the charter of the Mormon freedom of religion. Thus, states could no
Church. The Supreme Court, starting in 1879 longer infringe upon the free exercise of reli-
and running through the 1890s, decided several gion, and in 1947 the Supreme Court com-
cases that upheld the right of the federal gov- pleted the process by adding that states could
ernment to pass such laws, holding that not create an establishment of religion either.
churches advocating illegal acts were not pro- In twenty-two short years, the Court moved
tected by the freedom of religion clause and the religion clauses of the First Amendment
that illegal practices, even when based in reli- from being relevant only in federal actions to
gion, were still illegal.Those decisions have not applying in all state actions.This process greatly
been overturned and are still binding prece- expanded the scope of the First Amendment
dents today. and protected more of our freedom of religion
The First Amendment’s religion clauses in- and limited the government much more in
creased in both importance and frequency of what it could do in terms of establishing a re-
use in court cases starting in 1925. In that year, ligion. Since 1947, there has not been much se-
the Supreme Court held that the Fourteenth rious reconsideration of reversing these deci-
Amendment extended the reach of the First sions and thus applying the First Amendment
Amendment.The Fourteenth Amendment had only to the federal government again.
been passed after the Civil War to protect the Instead, for the last half century, the
rights of the former slaves, and it held that state Supreme Court has been forced to consider a
governments could not, among other things, wide range of government actions, on both
infringe upon anyone’s right of liberty without the state and federal levels, which people have
due process of law. The Supreme Court in considered as either creating an establishment
1925 held that liberty included some of the of religion or interfering with a person’s free-
items that many Americans hold dear, and the dom of religion. The general trend of the
Court specifically mentioned the freedom of courts, over the long term, has been to increase
the press and the freedom of speech contained the protections and to decrease government
in the First Amendment. This meant that state power, but that trend has become less pro-
actions that infringed upon our liberties, not nounced in recent years. The first Court to
just federal actions, might be held unconstitu- consider issues in this area was the Stone
xvi INTRODUCTION

Court, which examined state provisions order- they held that the government was establishing
ing students to say the Pledge of Allegiance a religion; but a few years later, the Court al-
and state restrictions on religious canvassing. lowed a program that released students to at-
(Supreme Courts are frequently described by tend programs at sites off the school grounds.
the name of the chief justice at the time, and This was believed to be a reasonable accom-
thus the Stone Court was the Court led by modation of religion that did not rise to the
Harlan Stone. The current Court would be level of being an establishment of religion.The
thus described as the Roberts Court.) In the Supreme Court also upheld a program that re-
first cases, several Jehovah’s Witnesses objected imbursed parents for the cost of transportation
to states’ requirements that they recite the to religious schools, holding that this program
Pledge of Allegiance. The Jehovah’s Witnesses was neutral in the area of religion; it did not
believed that swearing an oath to a flag was favor religious schools over public schools as
worshiping a graven image, and that worship transportation was being provided to both.
had been banned by the Bible. Thus, being The Warren Court, much to the consterna-
forced to state the pledge was a violation of tion of many conservatives, considered several
their free exercise of religion. The Supreme freedom of religion cases in its later years and
Court at first upheld the states’ requirement provoked much controversy. In 1962, the
that students recite the pledge, but three years Court considered a case involving mandatory
later (in 1943) the Court reversed itself and Bible reading and reciting of the Lord’s Prayer
held that the free exercise of religion portion to open each school day. The Court struck
of the Constitution prohibited states from or- down this program as an establishment of reli-
dering students to recite the pledge.The Stone gion, as it put the force of the state behind the
Court also considered a case dealing with a Christian religion. The next year, the Court
conviction of a Jehovah’s Witness as he had considered a state-mandated prayer from New
gone through a town trying to convince peo- York and struck down this program as well,
ple to join his religion.The man had been or- once again holding it to be an establishment of
derly, but his religious message had been op- religion. These two decisions sparked a
posed and so the Jehovah’s Witness had been firestorm of protest. People saw this as taking
convicted of a “breach of the peace,” or what God out of the public schools, and many saw
most people today might describe as disorderly communism as the driving force for the deci-
conduct. As the only reason for his conviction sion. One of the main differences between the
had been opposition to his religion, the United States and the USSR, America’s oppo-
Supreme Court overturned his conviction, nent in the Cold War, was the importance of
stating that religious conduct, if it was legal, Christianity in the United States (the USSR
was protected by the First Amendment. This was atheist), and this decision seemed to un-
expanded the free exercise of religion portion dermine that difference. The Warren Court
of the First Amendment to include some reli- also entered the area of evolution in the pub-
gious acts as well as religious beliefs. lic schools for the first time, striking down an
The next Court, the Vinson Court, contin- Arkansas law that banned the teaching of evo-
ued to deal with religion cases. Most of their lution. The Court held that the only purpose
major cases addressed “released-time” pro- of this law was to protect the Christian reli-
grams, which allowed students to be released gion and such a law was an unconstitutional
from their public school classrooms to attend establishment of religion. The Warren Court
religion classes.The Supreme Court first struck returned to an area associated with religion in
down a program permitting students to be re- 1967, that of marriage. Marriage is, for many
leased to attend classes in their own schools, as people, both a religious and a civil issue, even
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