Citation. 330 U.S. 855; 67 S. Ct. 962;91 L. Ed. 1297; 1947 U.S.
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The Supreme Court of the United States (Supreme Court) held that a New Jersey statute which authorized reimbursement to parents of children attending parochial schools did not violate the United States Constitution (Constitution) by forcing inhabitants to pay taxes that to help maintain and support schools which teach the Catholic faith.
Synopsis of Rule of Law.
The “establishment of religion” clause of the First Amendment of the Constitution means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing a religious belief or disbelief, for church attendance or non-attendance. No tax in any amount, can be levied to support religious activities or institutions. Neither the state nor the Federal Government may participate in the affairs of any religious organizations or groups and vice versa.
Facts.
Pursuant to a New Jersey statute, a school board adopted a resolution authorizing reimbursement to parents for money spent to transport their children on public buses. A local taxpayer challenged those payments going to parents of Roman Catholic parochial school students. The highest state court denied relief.
Issue.
Whether the New Jersey statute which authorized reimbursement to parents of children attending parochial schools violates the Establishment Clause of the Constitution?
Held.
No. Judgment of the highest state court affirmed. The First Amendment of the Constitution does not prohibit New Jersey from spending tax-raised funds to pay the bus fares of parochial school students as a part of a general program under which it pays the fares of students attending public and other schools. The First Amendment of the Constitution requires the state to be neutral in its relations with groups of religious believers and non-believers; it does not require the state to be their adversary. Therefore, New Jersey has not violated the First Amendment of the Constitution.
Dissent.
The undertones of this opinion that advocate complete and uncompromising separation of church and state, seem utterly discordant with its conclusion yielding support to their commingling in educational matters.
The First Amendment’s purpose was to create a complete and permanent separation of the spheres of religious activity and civil authority comprehensively forbidding every form of public aid or support of religion. The tax in this case therefore, violates the First Amendment of the Constitution.
Discussion.
This case helped define the reach of the Establishment Clause of the Constitution by holding that tax reimbursements that are paid to parents of students in public and other schools can also be paid to parents of students in parochial schools.
