“Solomon’s fascinating and sweeping history of the legal fight over mandatory school prayers is compelling, judicious, and elegantly written. Fabulous!”
—David Rudenstine, Dean, Benjamin N. Cardozo School of Law, Yeshiva University
“Stephen Solomon’s Ellery’s Protest provides a brilliant analysis of a major Supreme Court decision that redefined the relationship between church and state almost a half century ago. This study goes well beyond simply offering a gripping account of the course of litigation that brought before the Justices the contentious issue of prayer and Bible reading in public schools, though the thoroughness of that account would merit careful reading by itself. Especially impressive is the author’s deep probing of hitherto neglected sources, and invaluable primary material including extensive direct contact with the plaintiff, the ‘Ellery’ of the book’s title. Finally, and perhaps most impressive, is Solomon’s careful placement of the issue and the case in a far broader context that is as critical to national life and policy today as it was four and a half decades ago when the high Court first tackled these questions.”
—Robert O’Neil, Professor of Law, University of Virginia
Great legal decisions often result from the heroic actions of average citizens. Ellery’s Protest is the story of how one student’s objection to mandatory school prayer and Bible reading led to one of the most controversial court cases of the twentieth century—and a decision that still reverberates in the battle over the role of religion in public life.
Abington School District v. Schempp began its journey through the nation’s courts in 1956, when sixteen-year-old Ellery Schempp protested his public school’s compulsory prayer and Bible-reading period by reading silently from the Koran. Ejected from class for his actions, Schempp sued the school district. The Supreme Court’s decision in his favor was one of the most important rulings on religious freedom in our nation’s history. It prompted a conservative backlash that continues to this day, in the skirmishes over school prayer, the teaching of creationism and intelligent design, and the recitation of the Pledge of Allegiance with the phrase “under God.”
Author Stephen D. Solomon tells the fascinating personal and legal drama of the Schempp case: the family’s struggle against the ugly reactions of neighbors, and the impassioned courtroom clashes as brilliant lawyers on both sides argued about the meaning of religious freedom. But Schempp was not the only case challenging religious exercises in the schools at the time, and Ellery’s Protest describes the race to the Supreme Court among the attorneys for four such cases, including one involving the colorful atheist Madalyn Murray.
Solomon also explores the political, cultural, and religious roots of the controversy. Contrary to popular belief, liberal justices did not kick God out of the public schools. Bitter conflict over school Bible reading had long divided Protestants and Catholics in the United States. Eventually, it was the American people themselves who removed most religious exercises from public education as a more religiously diverse nation chose tolerance over sectarianism. Ellery’s Protest offers a vivid account of the case that embodied this change, and a reminder that conservative justices of the 1950s and 60s not only signed on to the Schempp decision, but strongly endorsed the separation of church and state.
Although the northern Illinois chapters of the story of Susan “Sukey” Richardson’s escape from slavery on the Underground Railroad are documented, the part played by southern Illinois in that historic episode has remained obscure. Carol Pirtle changes that with her investigation into the 1843 suit Andrew Borders lodged against William Hayes, charging his neighbor with helping slaves from the Borders estate escape to Galesburg. In conjunction with her probe into the past, Pirtle also discovered the Hayes correspondence.
Pirtle documents Hayes’s involvement in the Illinois Underground Railroad through approximately two hundred letters received by Hayes from the early 1820s until his death in 1849. Many of these letters specifically corroborate his participation in the escape of slaves from the Borders estate. One such letter came from T. A. Jones in 1843: “You Dear Sir are to me an unknown friend, yet I believe you are a friend to the poor down trodden Slave. This is as good an introduction as I want from any man. My brother, our cause is a holy one.” Letters written by Galesburg residents show that several prominent citizens of that community also assisted in the affair, proving that Knox College administrators and trustees were active in the Underground Railroad.
Pirtle also includes excerpts from the trial transcript from the 1844 civil case against Hayes, which was tried in Pinckneyville, Illinois. She researched newspaper accounts of the event, most notably those in the Western Citizen and the Sparta Herald. Records of the Covenanter Presbyterian church of which Hayes was a member provide partial explanations of Hayes’s motives.
Telling the story of Hayes and his involvement with Susan Richardson and the Underground Railroad, Pirtle provides insight into the work of abolitionists in Illinois. Escape Betwixt Two Suns, in fact, is one of the few books to substantiate the legends of the Underground Railroad. She tells the story of a quiet man who made a difference, of a man deserving the accolades of a hero.
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