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Everson v. Board of Education, 330 U.S. 1 (1947) was the seminal United States Supreme Court case in American Establishment Clause law. more...
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In addition to incorporating the Establishment Clause (applying it to the States through the Due Process Clause of the Fourteenth Amendment), Everson was the beginning of a powerful separationist drive by the Court, during which many programs and practices given government sanction were found to have religious purposes or effects and thus invalidated.
Background
A Montana law authorized payment by local school boards of the costs of transportation to and from private schools. As some of these schools were parochial Catholic institutions, Arch R. Everson, a taxpayer in Ewing Township, filed a lawsuit alleging that this indirect aid to religion through the mechanism of reimbursing parents and students for costs incurred as a result of attending religious schools violated both the New Jersey state constitution and the First Amendment of the federal Constitution. After a loss in the New Jersey Court of Errors and Appeals, Everson appealed to the U.S. Supreme Court on purely federal constitutional grounds. Arguments were heard on November 20, 1946.
The Bench
The makeup of the supreme court and their opinions were:
Majority Opinion
- Authored by: Justice Hugo Black
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- Joined by: Justices Stanley Forman Reed, William O. Douglas, Frank Murphy and Chief Justice Fred M. Vinson
Dissents
1.Authored by: Justice Robert H. Jackson
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- Joined by: Justice Felix Frankfurter
2.Authored by: Justice Wiley Blount Rutledge
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- Joined by: Justices Frankfurter, Jackson and Harold Hitz Burton
Decision
The 5-4 decision was handed down on February 10, 1947. The Court, through Justice Hugo Black, ruled that the state law was constitutionally permissible. Perhaps as important as the actual outcome, though, was the position that the entire Court adopted on the Establishment Clause. It reflected a broad interpretation of the Clause that was to guide the Court's decisions for decades to come. Black's language was sweeping
"The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State.'" 330 U.S. 1, 15-16.
Read more at Wikipedia.org
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