#ESTABLISHMENT OF RELIGION CLAUSE FREE#

Books are furnished at the request of the pupil and ownership remains, at least technically, in the state.

#ESTABLISHMENT OF RELIGION CLAUSE FREE#

“The law merely makes available to all children the benefits of a general program to lend school books free of charge.

63 Using the secular purpose and effect tests, 64 the Court determined that the purpose of the loans was the “furtherance of the educational opportunities available to the young,” while the effect was hardly less secular. The Court in 1968 relied on the “child benefit” theory to sustain state loans of textbooks to parochial school students. Thus was born the “child benefit” theory. There is even a possibility that some of the children might not be sent to the church schools if the parents were compelled to pay their children’s bus fares out of their own pockets when transportation to a public school would have been paid for by the State.” 61 Transportation benefited the child, just as did police protection at crossings, fire protection, connections for sewage disposal, public highways and sidewalks. Although recognizing that “it approaches the verge” of the state’s constitutional power, Justice Black found that the transportation was a form of “public welfare legislation” that was being extended “to all its citizens without regard to their religious belief.” 60 “It is undoubtedly true that children are helped to get to church schools. 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.’” 59īut, despite this interpretation, the majority sustained the provision of transportation. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. 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. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. 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.

Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. “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. 58 But, when the right of local authorities to provide free transportation for children attending parochial schools reached the Court, it adopted a very broad view of the restrictions imposed by the Establishment Clause. The Court viewed the hospital primarily as a secular institution so chartered by Congress and not as a religious or sectarian body, and thus avoided the constitutional issue. 57įinancial Assistance to Church-Related Institutions.- The Court’s first opportunity to rule on the validity of governmental financial assistance to a religiously affiliated institution occurred in 1899, the assistance being a federal grant for the construction of a wing of a hospital owned and operated by a Roman Catholic order that was to be devoted to the care of the poor. Outside this area, the decisions generally have more rigorously prohibited what may be deemed governmental promotion of religious doctrine. “or the men who wrote the Religion Clauses of the First Amendment the ‘establishment’ of a religion connoted sponsorship, financial support, and active involvement of the sovereign in religious activity.” 55 “ Court has long held that the First Amendment reaches more than classic, 18th-century establishments.” 56 However, the Court’s reading of the clause has never resulted in the barring of all assistance that aids, however incidentally, a religious institution. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Establishment of religion clause