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Teaching the Bible is Constitutionally Permissable
For a Bible study course offered in public schools to be Constitutionally permissible under the First Amendment Establishment Clause, the following tests must be met: (a) the nature, intent and purpose of the course must be secular; (b) the primary effect of the course must neither advance nor inhibit religion, and (c) the course must be offered in a manner that avoids excessive entanglement between government and religion. 468 F. Supp. 133 at 146. The ultimate test of the constitutionality of any course of instruction founded upon the Bible must depend upon classroom performance. It is that which is taught in the classroom that renders a course so founded constitutionally permissible or constitutionally impermissible. If that which is taught seeks either to disparage or to encourage a commitment to a set of religious beliefs, it is constitutionally impermissible in a public school setting. If that which is taught avoids such religious instruction and is confined to objective and nondevotional instruction in biblical literature, biblical history and biblical social customs, all with the purpose of helping students gain a greater appreciation of the Bible as a great work of literature and source of countless works of literature, art and music or of assisting students acquire greater insight into the many historical events recorded in the Bible or of affording students greater insight into the many social customs upon which the Bible has had a significant influence, all as proposed in the Curriculum Guide, no constitutional barrier would arise to such classroom instruction. 474 F. Supp. 525 at 531. [emphasis added] Judge Wilson's ruling simply applies to our local context the prior judgment of the United States Supreme Court in a 1963 ruling:
Being in continuous operation since 1922, the Bible teaching program in Hamilton County's public schools has stood the test of time. Through the pronouncements of both the U.S. Supreme Court and the Federal District Court, it also stands the test of constitutionality. But is the teaching of Bible in our public schools consistent with the intentions of our country's Founding Fathers? Let's examine that issue and attempt to answer that question. |








U. S. District Judge Frank W. Wilson has ruled that, done properly, "no constitutional barrier would arise to such classroom instruction." Consider these excerpts from Judge Wilson's Memorandum of September 5, 1980:


