Section 9.2 Missouri Law

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

II. (§9.2) Missouri Law

In Paster v. Tussey, 512 S.W.2d 97, 101 (Mo. banc 1974), the Supreme Court of Missouri stated: “The constitutional policy of our State has decreed the absolute separation of church and state, not only in governmental matters, but in educational ones as well. Public money, coming from taxpayers of every denomination, may not be used for the help of any religious sect in education or otherwise.” Id. at 101. In addition, the Paster Court noted that the provisions of the Missouri Constitution declaring that there be a separation of church and state are not only more explicit but more restrictive than the Establishment Clause of the United States Constitution. Id. at 101–02.

Specific prohibitions on religious activities in the public arena are delineated in the Missouri Constitution. “[N]o person can be compelled...