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Massachusetts: Not Godless Heathens?

While combing through state laws as part of an research internship, I came across Massachusetts General Law Part 1, Title XII, Chapter 71, Section 31:

A portion of the Bible shall be read daily in the public schools, without written note or oral comment; but a pupil whose parent or guardian informs the teacher in writing that he has conscientious scruples against it, shall not be required to read from any particular version, or to take any personal part in the reading. The school committee shall not purchase or use in the public schools school books favoring the tenets of any particular religious sect.

While I did not attend public school in Massachusetts, I feel confident in guessing that this law is not being followed. It’s most certainly unconstitutional: In 1962, the Supreme Court ruled in Abington School District v. Schempp that a Bible-reading in public school (even when students can be excused) is unconstitutional.

Every so often, a news story appears about antiquated laws still on the books. Usually it’s something like a $100 fine for swearing in Gaffeny, South Carolina. Even at the state level, in a place that excels in public education like Massachusetts, these legislative artifacts still exist. Makes you wonder how many other laws are not being following. While trust in government has eroded recently, I think that most people believe the government generally has its act together. Things like the Massachusetts Bible law make you realize that democracy is disorderly, and our government is the product of that messy history.

About the Author

Matt is a native Rhode Islander and a recent graduate of Brown with a bachelor's degree in history. After spending the last three years living in Boston and working at Harvard Law School, he returned to Brown to pursue a master's degree in public policy. When not inundated with schoolwork, Matt likes to relax with a Red Sox game, some Miles Davis, or a Sherlock Holmes mystery.

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