Mangold v. Albert Gallatin Area School District, Fayette County
Mangold v. Albert Gallatin Area School District, Fayette County
Opinion of the Court
OPINION OF THE COURT
On March 17, 1969, the board of education of the Albert Gallatin Area School District adopted a motion that the school district “install Bible reading and some nondenominational mass prayer in the school district.” Although the defendant school district argues that the daily program of Bible reading and nondenominational mass prayer that followed the adoption of this motion was merely “voluntary actions of students,” the district court found state action present, as it found that the motion adopted by the school district “procured” and was the “origin” of the above-described religious program. This finding, which is amply supported by the record, led the district court to enjoin as a violation of the establishment clause of the first amendment the conduct of religious exercises pursuant to the school board motion. This appeal followed.
A state-initiated
Accordingly, the December 18, 1969, order of the district court declaring this practice unconstitutional and enjoining its continuance will be affirmed.
. Action of school authorities in their official capacities is clearly state action within the meaning of the fourteenth amendment. Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969). State action that initiates a pattern of conduct is the equivalent for fourteenth amendment purposes of state action that mandates a pattern of conduct. See Developments in the Law—Academic Freedom, 81 Harv.L.Rev. 1045, 1056-58 (1968).
Reference
- Full Case Name
- Edwin J. MANGOLD, individually and as parent and natural guardian of James A. Mangold and Leonard Mangold v. The ALBERT GALLATIN AREA SCHOOL DISTRICT, FAYETTE COUNTY, PENNSYLVANIA, c/o Carmine Molinaro, Esq., Solicitor, 311 Second National Bank Building, Connellsville, Pennsylvania, 15425, c/o Ruby Provane, Secretary, Fairchance-Georges Junior-Senior High School, R. D. 2, Uniontown, Pennsylvania 15401. The Albert Gallatin Area School District
- Cited By
- 1 case
- Status
- Published