High Court Backs Use of Secular Books

The Supreme Court dealt a blow to religious fundamentalists today when it killed a challenge to the required use of “godless” textbooks in Tennessee public schools.

Ending one of the most widely publicized freedom-of-religion cases in recent years, the justices, without a recorded dissenting vote, rejected an appeal by seven families.

Today’s action left intact a federal appeals court ruling that said it was constitutional to require fundamentalist Christian children to read the objected-to books, among them “The Wizard of Oz” and “The Diary of Anne Frank.”

Beverly LaHaye, president of Concerned Women for America, a conservative group that aided the families’ legal battle, said after today’s ruling, “a dark cloud of religious oppression looms over America’s schoolhouses today.”

‘Devastating Blow’

“Religious tolerance in our nation’s classrooms has been dealt a devastating blow,” LaHaye said.

Mike Farris, a lawyer for Concerned Women, called on born-again Christian families in the school district involved to remove their children from public schools.

“I hope . . . there is a mass exodus from the public school system tomorrow, or at least by next fall,” Farris said.

But Tennessee Atty. Gen. W. J. Michael Cody praised the court action, saying, “Any alternative disposition would have been the cause of chaos in the school system.”

At full strength for the first time in eight months as Justice Anthony M. Kennedy took his place at the bench, the court also:

--Set the stage for an important constitutional ruling by July by agreeing to judge the validity of a federal law creating independent counsels to investigate alleged wrongdoing by high-ranking executive branch officials.

The justices will review a ruling that the Watergate-era law impermissibly gives presidential powers to the federal courts.

--Rejected a related appeal by Marine Lt. Col. Oliver L. North, his latest attempt to block a special prosecutor’s investigation into his role in the Iran-Contra arms and money affair.

--Agreed to decide whether local governments may impose affirmative-action programs requiring minority participation in public works projects.

The justices will study an invalidated Richmond, Va., program under which prime contractors on any city building contract were required to set aside at least 30% of the project’s subcontracts for firms at least one-half owned by minorities.

--Refused to let a Fort Worth hospital withhold the names of its blood donors from a woman who says her baby daughter contracted AIDS after receiving transfusions.

The court let stand a ruling that the donors’ privacy rights do not override the woman’s need to find out their identities in her wrongful-death lawsuit against the hospital.