This section contains the nature of the case and procedural background.

Pennsylvania law required the reading of at least ten verses of the Bible without comment at the opening of each public school day. The Schempp family, husband, wife, and two children brought suit to enjoin enforcement of the statute. Baltimore City has the same type of law. Madalyn Murray and her son, both atheists, tried to get the rule rescinded but were unsuccessful. This consolidated hearing was granted to hear both cases.

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