Edgerton Bible Case

The Bible, King James Version, held a preeminent place in American society in general and in public schools in particular in the 19th century. Horace Mann, for instance, claimed that the Christian religion was present in the common schools he advocated because of the presence of the Bible, whose reading without note or comment was a feature of the “nonsectarian Christian” schools. The state of Wisconsin was no exception when it came to the exalted place and role of the Bible. Thus, the decision of the Supreme Court of the state of Wisconsin that outlawed devotional Bible reading in its public schools in 1890, the first ruling of its kind in the nation, constitutes a major dissent from existing practice. How did this dissent happen?

The constitution that was adopted when Wisconsin became a state in 1848 outlawed “sectarian instruction.” However, the words “no book of religious doctrine or belief” were not included in the prohibition, indicating that the Bible was not considered to be a sectarian book. Wisconsin laws of the mid-19th century attest to the unique [Page 303]status of the Bible. For example, the law required that prison keepers were to give a Bible to prisoners who desired to read one while incarcerated; masters were admonished to give their apprentices a copy of the Bible when they completed their apprenticeship; and the “family Bible” was listed first among articles of personal property that were exempt from seizure by authorities on the occasion of a person's execution.

The Reports of the state superintendents of schools, combined with their Decisions in Appeals, shed light on the reality that the Bible was considered to be a lawful book to be read in the public schools. These schools were to inculcate the principles of religion and morality based on the common ground of Christian principles, but to do so in a manner that avoided sectarian partisanship. Superintendents advised prudence when the Bible's use led to questions on the part of citizens, but generally they felt that Wisconsin residents would not consent to have the Bible banished from their schools. The subject of “religious exercises” came to be mentioned more frequently as the decade of the 1860s progressed. It was still listed in the “Recommended textbooks” section for the state's schools, though, and its presence justified as providing the foundation for ministers and parents to build upon.

The census of 1870 revealed a more religiously heterogeneous state due to immigration. The state superintendent that year, Samuel Fallows, was a Methodist minister and had served as Secretary of the Wisconsin Methodist Conference for several years. The state's Methodists acknowledged two assailants to the Protestant hegemony in the state: atheists and Roman Catholics, the latter wishing to replace the public schools with denominational schools. The Conference called on all Methodists to nourish the system of public education that had been buttressed by the religious principles of the Bible from its inception. State superintendents still opted for the “judicious reading of the Bible” in schools, viewing that practice as among the “rights and wishes” of the majority of the people of the state. It is well to note, however, that there was a growing sentiment that morality was in the sphere of public education, but that religion belonged to the home and church, a division that had been scarce but a decade or so before.

...