THE HOLY TRINITY CHURCH CASE: A GREAT LESSON FOR PUBLIC SCHOOL KIDS<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
By David W. New, Esq.
 
      Many states are proposing to include an elective course on the Bible in their public schools. Naturally, this proposal has generated much controversy. In March 2007, Time Magazine ran an article "The Case for Teaching the Bible."  The article is about teaching the Bible in the public schools and seemed to favor the idea. See Note 1 to download the article.
     According to the U.S. Supreme Court the public schools cannot teach religion. They can teach about religion but they cannot teach religion in the sense a Pastor or Bible teacher does on Sunday morning.
     There is no question that it is legal to teach the subject of religion in the public schools. In 1963, the Supreme Court ruled that Bible reading and the Lord's Prayer as an exercise within the public schools were unconstitutional. The case was called Abington v. Schempp. This ruling was unfortunate. Nevertheless, the Abington court was careful not to exclude the subject of religion from the public schools altogether. The Court said the subject of religion was an essential part of a good education. Thus, the Bible can be taught in school for academic purposes. Here is the key quote by Justice Clark from Abington:
     "In addition, it might well be said that one's education is not complete without a study of comparative religion or the history of religion and its relationship to the advancement of civilization. It certainly may be said that the Bible is worthy of study for its literary and historic qualities. Nothing we have said here indicates that such study of the Bible or of religion, when presented objectively as part of a secular program of education, may not be effected consistently with the First Amendment. But the exercises here do not fall into those categories. They are religious exercises, required by the States in violation of the command of the First Amendment that the Government maintain strict neutrality, neither aiding nor opposing religion." Note 2.
    
     In this article, I propose that the nation's public schools consider including with their Bible courses a U.S. Supreme Court case decided in 1892. The name of the case is <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Holy Trinity Church v. United States. Note 3. In Holy Trinity, the Supreme Court gave an extensive history lesson concerning the spiritual heritage of America. The Court in great detail discussed how religion influenced American law and government. This case had a powerful influence on America law. Indeed, it is likely that the Holy Trinity case kept Bible reading and prayer in the public schools for 12 years longer before their removal in 1962/63.  Among the most interesting conclusions reached by the Holy Trinity court were that the American people are a "Christian people" and that "this is a Christian nation." As incredible as this sounds, this is what the U.S. Supreme Court said in 1892. Since the subject of religion in the public education is controversial, it is necessary to present the history of religion in America from an objective source. Clearly, the U.S. Supreme Court would satisfy this requirement. Students can download the Holy Trinity case for free at:
http://www.usscplus.com/online/index.asp?case=1430457
 
THE ISSUE IN THE HOLY TRINITY CHURCH CASE
 
     The issue in the case concerned one E. Walpole Warren. Mr. Warren was a Pastor from England. A church in New York City wanted to hire Pastor Warren to come to the United States to be the church rector and pastor. Accordingly, the church entered into a contract with Pastor Warren for his services.
     However, Congress in 1885 passed a law which prohibited such contracts. The title of the law was "An Act to Prohibit the Importation and Migration of Foreigners and Aliens Under Contract or Agreement to Perform Labor in the United States, its Territories and the District of Columbia."
     Thus, the issue in the case was: Did the church violate the law when it signed a contract for services with Mr. Warren to come to the United States and pastor the church?
 
THE COURT'S REASONING IN THE HOLY TRINITY CHURCH CASE
 
     The U.S. Supreme Court said No. The Supreme Court agreed that technically the contract the church made with Pastor Warren violated the letter of the law. However, the Court said the contract did not violate the spirit of law. The Court said the contract did not violate the evil the Act of Congress was trying to remedy. According to the Supreme Court, there were "large capitalists" who wanted to import large numbers of immigrant workers into the United States to compete with American workers. The Court quoted from the Congressional Record which stated that the purpose of the new law was to prevent this from happening. The Congressional Record said concerning these large number of immigrant workers: "The inevitable tendency of their presence among us [immigrant workers] is to degrade American labor, and to reduce it to the level of the imported pauper labor." [added.] Note 4.
     In addition, the Court said that the kind of labor Congress had in mind in the Act was "cheap unskilled labor." Therefore, the Act did not apply to professionals like Pastor Warren.
     Then the Court went on to make its final and most important argument why Pastor Warren should be allowed to come to the United States. The Court said:
     "But beyond all these matters no purpose of action against religion can be imputed to any legislation, state or national, because this is a religious people. This is historically true. From the discovery of this continent to the present hour, there is a single voice making this affirmation" Note 5.
     Here the Holy Trinity court was stating that the Act passed by Congress could not have been intended to apply to foreign ministers or religion generally because Americans are a religious people. It is at this point the Holy Trinity court began to discuss the spiritual history of America.
     There can be no question that the Holy Trinity Church case is the most complete and exhaustive official presentation concerning the religious heritage of America. It does not get any better than this. U.S. Supreme Court Justice David Brewer wrote the decision for the Court. Later, Justice Brewer would write a book titled: The United States, A Christian Nation.
 
THE SPIRITUAL HERITAGE OF AMERICA
ACCORDING TO THE U.S. SUPREME COURT
 
     Justice Brewer wrote his lengthy religious history of America in chronological order. These are just some of the points he made:
·The commission Christopher Columbus received from King Ferdinand and Queen Isabella appealed to God for help. A plea for "God's assistance" in the upcoming voyage.
·Sir Walter Raleigh in 1584 was authorized to enact statutes for the colony at Roanoke Island, in North Carolina provided that they are "not against the true Christian faith."
·The first charter of Virginia in 1606 by King James I said the purpose of the colony was for the "propagating  of the Christian Religion."
·The Mayflower Compact of 1620 said the purpose of the Pilgrim colony was for " . . . the Glory of God, and the Advancement of the Christian Faith . ."
·The Fundamental Order of Connecticut of 1638-1639 described government this way "Forasmuch as it hath please Almighty God . . . there should be an orderly and descent Government established according to God . . . "
·The Charter granted by William Penn in 1701 described religious freedom this way: "Because no People can be truly happy . . . if abridged of the Freedom of their Consciences, as to their Religious Profession and Worship . . . And Almighty God being the only Lord of Conscience . . . "
·The Declaration of Independence  "recognizes the presence of the Divine in human affairs in these words: 'We hold these truths to be self-evident, that all men are created equal.' "
·"Every constitution of every one of the forty-four States contains language which either directly or by clear implication recognizes a profound reverence for religion and an assumption that its influence in all human affairs is essential to the well being of the community."
·Justice Brewer then cited the many oaths which the states used that refer to God. "It may be only in the familiar requisition that all officers shall take an oath closing with the declaration 'so help me God.' "
·"Even the Constitution of the United States, which is supposed to have little touch upon the private life of the individual, contains in the First Amendment a declaration common to the constitutions of all the States, as follows: 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' etc. And also provides in Article 1, Section 7, (a provision common to many constitutions,) that the Executive shall have ten days (Sundays excepted) within which to determine whether he will approve or veto a bill."
·"There is no dissonance in these declarations. There is a universal language pervading them all, having one meaning; they affirm and reaffirm that this is a religious nation."
 
     Justice Brewer then concluded his decision this way: "These, and many other matters which might be noticed, add a volume of unofficial declarations to the mass of organic utterances that this is a Christian nation. In the face of all these, shall it be believed that a Congress of the United States intended to make it a misdemeanor for a church of this country to contract for the services of a Christian minister residing in another nation?"
 
HOW THE HOLY TRINITY CHURCH CASE
INFLUENCED AMERICAN LEGAL HISTORY
 
     School Prayer/Bible Reading. The influence of the Holy Trinity Church case was very important in American legal history, especially for religion in public education. Most people know that the U.S. Supreme Court removed prayer and Bible reading from the public schools in 1962 and 1963.  The Court said these activities violated the Establishment Clause to the First Amendment.
     However, very few people are aware that the issue of the First Amendment and prayer/Bible reading had been in court before 1962. The first time in American history the First Amendment was applied to a prayer/Bible reading case in the public schools was in 1950. The case was called Doremus v. Board of Education. [The religion clauses in the First Amendment were not applied to the states until 1940.] The issue in the case was whether daily readings of five verses from the Old Testament and repeating the Lord's Prayer violated the Establishment Clause to the First Amendment. The case was from New Jersey. The trial judge was Judge Davidson. He ruled that Bible readings and the Lord's Prayer in the public schools were constitutional. The main authority Judge Davidson relied upon was the Holy Trinity Church case of 1892. At least 42% of his opinion was a quote from the Holy Trinity case. Judge Davidson's decision was upheld by the New Jersey Supreme Court which also cited the Holy Trinity case in its decision. When the case came before the U.S. Supreme Court, it was dismissed. The student in question, Gloria Kline, had  graduated from the Hawthorne High School in New Jersey by the time the case went to the U.S. Supreme Court. Thus, Judge Davidson's decision continued to be good law until 1962. Note 6.
     The importance of Judge Davidson's decision cannot be over emphasized. In case after case during the 1950's and early 1960's the courts ruled in favor of prayer/Bible readings in part because of Judge Davidson's initial ruling. In effect, school prayer and Bible reading continued in the United States for another 12 years because of the Holy Trinity Church case.
     The Attorney Generals.
     In 1962, a school prayer case from New York made its way to the U.S. Supreme Court. The name of the case was Engel v. Vitale. The issue in the case was whether a simple 22 word prayer said at the beginning of class violated the Establishment Clause to the First Amendment. The prayer is known as the Regents' Prayer. It was as follows:
     "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country. Note 7.
     The Supreme Court ruled that the Regents' Prayer violated the Establishment Clause to the First Amendment. This decision began the culture wars in America, a war which continues to this day.
     Here again, the Holy Trinity Church case had an important role. The Attorney Generals of 22 states filed a brief in support of school prayer. The Attorney Generals began their brief with this statement:
     "History makes it clear that the architects of this Republic were men of deep religious faith. Our founding fathers, together with the great and God-fearing leaders of the last century and a half, would be profoundly shocked were they to have been told . . . [that] a voluntary non-denominational acknowledgment of a Supreme Being and a petition for His blessings . . . is being seriously attacked as a violation of the Constitution of the United States!" [added.]
     The Attorney Generals concluded their brief this way:
     "The vast majority of our countrymen hold fast to the belief that America became a great nation and will remain freedom's stronghold only if she remains true to her religious heritage and tradition. Our beloved country, as we know it cannot survive as a Godless nation." Note 8.
     The Attorney Generals then cited the Holy Trinity Church case. Sadly, their arguments did not win the day. Nevertheless, we can be grateful that a great decision like Holy Trinity Church was available. Without question, the Holy Trinity Church case would be a great addition to public education. This case should be integrated with any Bible course taught in the public schools.
 
David W. New is a popular speaker on the Constitution and religious freedom. Invite David to speak at your church or civic group. Contact David at david_new@juno.com
 
NOTES.
Note 1. You can read the Time article "The Case for Teaching the Bible" by David Van Biema by going to http://www.time.com/time/magazine/article/0,9171,1601845_1,00.html.
Note 2. Abington v. Schempp, 374 U.S. 203 at 225 (1963).
Note 3. Holy Trinity Church v. United States, 143 U.S. 457 (1892).
Note 4. Holy Trinity Church at 465.
Note 5. Holy Trinity Church at 465.
Note 6.  Some opponents of school prayer were glad this case was dismissed. They think the Supreme Court might have ruled in favor of the Lord's Prayer and Bible reading in this case.
Note 7. Engel v. Vitale, 370 U.S. 421 at 422 (1962). For Judge Davidson's decision see Doremus v. Board of Education, 71 A.2d 732 (1950.) For the Supreme Court of New Jersey's decision see Doremus v. Board of Education, 75 A.2d 880 (1950). For the U.S. Supreme Court's dismissal see Doremus v. Board of Education, 342 U.S. 429 (1952).
Note 7. Engel v. Vitale, 370 U.S. 421 at 422 (1962).
Note 8. States Attorney General Brief Amici Curiae In Support of Respondents and Intervenors-Respondents, Engel v. Vitale, Case No. 468, page 6 (March 27, 1962.)