In a 5-2 decision, the court ruled that phrases such as "the separate and equal Station to which the Laws of Nature and of Nature's God entitle them," and "appealing to the Supreme Judge of the World for the Rectitude of our Intentions," send a message that unbelievers "are not full members of the political community."

Writing for the majority, Justice Patrick E. Higginbotham singled out for particular censure the phrase "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness . . . ." "This phrase was penned by Thomas Jefferson in an egregious attempt to advance religion at a time when the government was seeking support from largely Christian nations in its struggle against Great Britain," Justice Higginbotham noted, adding, "The document as a whole is thus hostile toward atheists, Tories, and Hessian mercenaries, all of whom have a right to be free from discrimination in our nation's elementary schools."