Chamberlin v. Dade County Board of Public Instruction
Concurring Opinion
concurring in part.
I join in reversing the Supreme Court of Florida on the main issue in the case.
The “other questions raised” which the Court refuses to consider because not “properly presented” involve the constitutionality under the First and Fourteenth Amendments of baccalaureate services in the schools, a reli
I think, however, that two of those “other questions”— the baccalaureate services and the religious census — do not present substantial federal questions, and so I concur in the dismissal of the appeal as to them. As to the religious test for teachers,
Applicants for teaching positions are required to answer the question, “Do you believe in God?” Religious attitudes are also considered in making promotions.
Opinion of the Court
The motion to use the record in No. 520, October Term 1962, is granted. The judgment of the Florida Supreme Court is reversed with respect to the issues of the constitutionality of prayer, and of devotional Bible reading pursuant to a Florida statute, Fla. Stat. (1961) § 231.09, in the public schools of Dade County. School District of Abington Township v. Schempp, 374 U. S. 203. As to the other questions raised, the appeal is dismissed for want of properly presented federal questions. Asbury Hospital v. Cass County, 326 U. S. 207, 213-214.
Reference
- Full Case Name
- CHAMBERLIN Et Al. v. DADE COUNTY BOARD OF PUBLIC INSTRUCTION Et Al.
- Cited By
- 24 cases
- Status
- Published