Government Aid to Religious Institutions

• Author: Leo Pfeffer
• Pages: 1206-1207

Page 1206

Constitutionality of governmental aid to religious institutions, generally, though not exclusively, in the form of financial subsidies, is most often challenged under the FIRST AMENDMENT'S ban on laws respecting an ESTABLISHMENT OF RELIGION. When the purpose of the subsidy is to finance obviously religious activities, such as the erection or repairing of a church building, UNCONSTITUTIONALITY is generally recognized. In large measure the purpose of the establishment clause was to forbid such grants, as is indicated by the Court's opinion and Justice WILEY RUTLEDGE'S dissenting opinion in EVERSON V. BOARD OF EDUCATION (1947). On the other hand, where the funds are used for what would generally be considered secular activities, such as maintaining hospitals or providing meals for pupils in church-related (often called parochial) schools, constitutional validity is fairly unanimously assumed.

Constitutional controversy revolves largely around governmental financing of church-related schools that combine the inculcation of religious doctrines and beliefs with what is generally considered the teaching of secular subjects, substantially, though not necessarily entirely, as they are taught in public schools.

In Everson, the Court upheld as a valid exercise of the POLICE POWER a state statute financing bus transportation to parochial schools, on the ground that the legislative purpose was not to aid religion by financing the operations of the schools but to help insure the safety of children going to or returning from them. A law having the former purpose would violate the establishment clause, which forbids government to set up a church, aid one or more religions, or prefer one religion over others. "No tax in any amount, large or small," the Court said, "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."

The Everson, or "no-aid," interpretation of the establishment clause as applied to governmental financing of religious schools next reached the Supreme Court in the case of BOARD OF EDUCATION V. ALLEN (1968). There the Court upheld a New York statute providing for the loan to pupils attending nonpublic schools of secular textbooks authorized for use in public schools. The Court concluded that the statute did not impermissibly aid religious schools within the meaning of Everson, nor did it violate the...