State Aid to Religion and Religious Education Flashcards
Everson v. Board of Education of the Township of Ewing
Reimbursement of bus fare for students of regular and religious schools.
Q: Did this violate establishment clause?
Court: No. The money is not paid back to the religious schools. Nor did it support them directly.
Lemon v. Kurtzman
The Pennsylvania legislature passed Act 109, which reimbursed nonpublic religious schools for certain secular educational services.
the Supreme Court held that Act 109 violated the Establishment Clause of the First Amendment. The case was remanded, and on remand the district court entered an order which permitted the State to reimburse nonpublic religious schools
Q: Was it an abuse of a court’s discretion to allow payment of allocated funds to nonpublic religious schools, after such allocations were found unconstitutional by the Supreme Court?
Court: No. Repayment does not substantially undermine constitution given the schools were relying on the fund for the 1970-1971 school year.
Zelman v. Simmons-Harris
School voucher program that could be used for both private and religious schools. Nearly all enrolled in program went to religious schools.
Q: Does Ohio’s school voucher program violate the Establishment Clause?
Court: No. Funds are not being sent directly to religious schools. Rather parents are choosing to send them there. The program itself is neutral.
Arizona Christian School Tuition Organization v. Winn
Arizona taxpayers challenged the constitutionality of Arizona’s tuition tax credit. Allege violation of establishment clause by sending money directly to religious schools.
Q: Do the plaintiffs have standing?
Court: Yes. The Supreme Court overturned the lower court. They lack standing to bring to court.
Locke v. Davey
Washington state promise scholarship gives money to talented students for college. However it can’t be used to obtain degree in theology if the program is taught to cause belief.
Davey forfeits his scholarship in order to major in pastoral ministries.
Q: If a state provides college scholarships for secular instruction, does the First Amendment’s free exercise clause require a state to fund religious instruction?
Court: No. Simply stops all religious instruction doesn’t target one in particular.
