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Statement submitted by–Continued

American Civil Liberties Union.

American Ethical Union...

American Jewish Committee.

American Jewish Congress..

American Legion.

Anti-Defamation League of B'nai B'rith.

Baptist Joint Committee on Public Affairs.

Central Conference of American Rabbis..

Commission on Social Action of Reform Judaism.

Constitution Clubs and Party of New York

Cusack, Lawrence X., attorney, Roman Catholic archdiocese of New

York, N.Y..

Delaware Defenders of the Republic, Inc.

Hobbs, Rev. Herschel H., pastor, First Baptist Church, Oklahoma

City, Okla., and president, Southern Baptist Convention.

National Association of Evangelicals.

National Association for the Advancement of Colored People

National Council of the Churches of Christ in the United States..

Protestants and Other Americans United for Separation of Church

and State---

Public Education Association.

Russian Orthodox Greek-Catholic Church, Inc.

Unitarian Fellowship for Social Justice-

United Synagogue of America ---

One hundred and ten deans and professors of law and political science

at American universities..

Letter dated July 26, 1962, addressed to Hon. James 0. Eastland from

Hon. Sam J. Ervin, Jr., with attached letter from H. Larry Ingle-----

Letter dated August 11, 1962, addressed to L. Lipscomb from Hon. A.

Willis Robertson, enclosing statement from the Congressional Record

of August 10, 1962_

Letter dated August 27, 1962, addressed to L. Lipscomb from Hon. A.

Willis Robertson, enclosing statement from the Congressional Record

of August 25, 1962_-

Letter dated October 11, 1962, addressed to L. Lipscomb from Hon.

Herman E. Talmadge, enclosing statement from the Congressional

Record of October 10, 1962_

Statement by Senator Joseph C. O'Mahoney, U.S. Senator from Wyoming,

retired, as inserted in the Congressional Record of June 29, 1962, by Hon.

Gale W. McGee...

Prayer resolution adopted by the Governors' Conference 54th annual

meeting, Hershey, Pa., July 3, 1962-----

Resolution adopted by Congregation Shalom Social Action Committee,

Milwaukee, Wis., on October 3, 1962_

Resolution adopted by St. Cecilia's Holy Name Society, Rockaway, N.J.,

on August 10, 1962, submitted by Hon. Clifford P. Case.

Resolution adopted by county of Newton, State of Mississippi, on July 9,

1962

Resolution adopted by New Orleans Junior Chamber of Commerce in

August 1962 ..

Resolution adopted by Beth Jacob Congregation, Baltimore, Md., on

September 14, 1962

Resolution adopted by Chamber of Commerce of the New Orleans, La.,

area, on October 4, 1962.

Resolution adopted by Nassau County, N.Y., American Legion on July

27, 1962

Hon. Kenneth B. Keating submitted the following:

(a) Statement of Rev. Ferdinand D. Saunders.

(6) Statement of Catholic War Veterans of New York

(c) Statement of Rev. Leland B. Henry--

Letter dated November 14, 1962, to Hon. James O. Eastland from Citizens'

Action Committee, Nassau-Suffolk Counties, N.Y.

Statement of Dr. O. Walter Wagner, executive director, Metropolitan

Church Federation of Greater St. Louis, Mo., submitted by Hon.

Edward V. Long-

Letter dated November 13, 1962, addressed to the Committee on the

Judiciary, from the Reverend William H. Rittberger, Hudson, N.Y.

212

214

Letter dated November 8, 1962, addressed to Hon. James O. Eastland from

Alice Oprysko, Astoria, N.Y

Letter dated August 16, 1962, addressed to Hon. Hiram L. Fong from

Flint, Mich., Jewish Community Council.

Statement on prayer in the public schools signed by leading clergymen,

attorneys, and educators from Greater Kansas City-

Statement of Pinckney G. McElwee, Washington, D.C.

Statement of Milton A. Gibbons, mayor, Village of Tuckahoe, N.Y.

Statement of Alfred L. Scanlan, Washington, D.C.

Statement of Rev. Lucius Leeotto, Seattle, Wash_-

Letter dated July 25, 1962, addressed to Hon. James 0. Eastland from

Albany, N.Y., Jewish Community Council, Inc.-

Letter dated July 23, 1962, addressed to Hon. James 0. Eastland from

Jewish Community Council of Detroit, Mich.-

Letter dated July 23, 1962, addressed to Hon. James 0. Eastland from

Community Relations Bureau, Kansas City, Mo...

Telegram addressed to Hon. James O. Eastland from Atlanta, Ga., Jewish

Community Council..

Telegram addressed to Hon. James O. Eastland from Hartford, Conn.,

Jewish Community Council.

Letter dated July 24, 1962, addressed to Hon. James 0. Eastland from

Cincinnati, Ohio, Jewish Community Council.

Statement of Protestants and Other Americans United.

Letter dated August 7, 1962, addressed to Hon. James 0. Eastland from

Clarence Manion, South Bend, Ind..

Letter dated November 14, 1962, addressed to Hon. James O. Eastland

from Rufus Webb, Gaithersburg, Md., with attached statement-

Statements submitted by the Honorable Estes Kefauver:

Rev. E. Warren Rust, Cleveland, Tenn.--

Marvin K. Jacobs, attorney, Toledo, Ohio.

Certain lay and religious leaders, Kansas City, Mo..

Irving L. Geisser and Marvin Levey, Jewish Community Council,

Flint, Mich.

Statement of Raymond R. Start, Esq., Upper Darby, Pa.

Letter dated November 3, 1962, from Kenneth Klinkert, Menomonee

Falls, Wis.

Murray v. Curlett, 179 Atlantic Reporter, 2d series, 698.

Schempp v. School District of Abington Township, Pa., 201 Federal Supple-

ment 815.

Compilation prepared by the Library of Congress of State consitutional

provisions regarding (a) God, Supreme Being, etc.; and (6) freedom of

religion and religious practices, especially the use of prayers in the

public schools.

PRAYERS IN PUBLIC SCHOOLS AND OTHER MATTERS

THURSDAY, JULY 26, 1962

U.S. SENATE,
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The committee met pursuant to call, at 10:30 a.m., in room 2228, New Senate Office Building, Senator Olin D. Johnston presiding.

Present: Senators Johnston, Ervin, Hart, Hruska, Keating, and Scott.

Also present: L. P. B. Lipscomb, member, professional staff.
Senator JOHNSTON. The committee will come to order.

This hearing has been called for the purpose of taking testimony on certain resolutions introduced in the U.S. Senate in regard to prayers in public schools and certain other matters. Notice was duly published in the Congressional Record on July 19, 1962.

The particular measures involved are Senate Joint Resolution 205, Senate Joint Resolution 206, Senate Joint Resolution 207, Senate Concurrent Resolution 81, and Senate Resolution 356. The text of these resolutions will be inserted in the record at this point.

(The resolutions follow :)

[S.J. Res. 205, 87th Cong., 2d sess.)

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States

to permit the offering of prayer in public schools Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is hereby proposed as an amendment to the Constitution of the United States which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States :

“ARTICLE

"SECTION 1. Nothing contained in this Constitution shall be construed to prohibit the authority administering any school, school system, or educational institution supported in whole or in part from any public funds from providing for the voluntary participation by the students thereof in regularly scheduled periods of nonsectarian prayer.

"SEC. 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress."

[S.J. Res. 206, 87th Cong., 2d sess.) JOINT RESOLUTION Proposing an amendment to the Constitution of the United States

to permit the use of prayer in public schools Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein) That the following article is hereby proposed as an amendment to the Constitu

1

tion of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States :

"ARTICLE

“SECTION 1. No provision of this Constitution or any article of amendment thereto shall be construed to prohibit nondenominational religious observance through the invocation of the blessing of God or the recitation of prayer, as a part of the activities of any school or other educational institution supported in whole or in part from public revenues, if participation therein is not made compulsory.

“SEC. 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.”.

[S.J. Res. 207, 87th Cong., 2d sess. ] JOINT RESOLUTION Proposing an amendment to the Constitution of the United States

permitting the offering of prayers and the reading of the Bible in public schools in the United States, and relating to the right of a State to enact legislation on the basis of its own public policy on questions of decency and morality

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as a part of the Constitution when ratified by the legislatures of three-fourths of the several States:

“ARTICLE

“SECTION 1. Nothing in this Constitution shall prohibit the offering of prayers or the reading of the Bible as part of the program of any public school or other public place in the United States.

"SEC. 2. The right of each State to decide on the basis of its own public policy questions of decency and morality, and to enact legislation with respect thereto, shall not be abridged.

"SEC. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress."

[S. Con. Res. 81, 87th Cong., 2d sess. ]
CONCURRENT RESOLUTION

Whereas, from the first permanent white settlements in North America at Jamestown and Plymouth Rock, we have recognized the existence of God and our dependence on Him; and

Whereas the greatest single threat to our political and religious freedom is posed by nations who deny the existence of God; and

Whereas the atheists in our Nation are making a concerted drive to eliminate the recognition of God in our Government as completely as He has been elimilated in Russia and have recently included in that program the demand to eliminate from public schools not only the voluntary recitation of a prayer, but all hymns, all religious paintings, and all celebrations connected with Christmas and Easter; and

Whereas there never has been a greater need to inculcate in the minds and hearts of the youth of our Nation a reverence for God and faith in His omnipotence; and

Whereas, with that in view, the Board of Regents of the State of New York prepared for voluntary use in the public schools of that State a nonsecular form of civic prayer which merely recognized the existence of God and our dependence on Him; and

Whereas, in the case of Engel against Vitale, the Supreme Court of the United States on June 25, 1962, declared the use of that voluntary prayer to be unconstitutional; and

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