Section 9.11 Public Aid to Religious or Sectarian Institutions

• Library: School Law (2003 Ed. + 2016 Supp)

IV. (§9.11) Public Aid to Religious or Sectarian Institutions

In Mitchell v. Helms, 530 U.S. 793 (2000), the United States Supreme Court, in a plurality decision, addressed the issue of the constitutionality of public aid to parochial institutions and changed the method of analysis. The Court explicitly overruled its prior decision in Meek v. Pittenger, 421 U.S. 349 (1975), in which the Court had held that direct loans of materials and equipment and provision of auxiliary services violated the Establishment Clause. The Court also overruled its decision in Wolman v. Walter, 433 U.S. 229 (1977), a case in which the Court invalidated a statute that provided...