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Separation of Church and State: Constitutional Policy in Conflict
Unformatted Document Text:  Separation of Church and State: Constitutional Policy in Conflict 9 The Question of Financial Aid to Religious Schools Financial aid to religious schools was at issue in Everson v. Bd. of Education (1947) (ibid 4, page 7) and in Board. of Education. v. Allen (1968) 10 when the Court also upheld a law loaning textbooks free of charge to the students in private schools. The majority argued "no funds or books are furnished to the parochial schools, and the financial aid is to parents and children, not schools." However, because aid did go directly to private schools in Lemon v. Kurtzman (1971) 11 the "Lemon" test was articulated by the Court clarifying criteria when Government action violates the Establishment Clause, unless the action shows [It]: 1. Has a significant secular (i.e., non-religious) purpose, 2. Does not have the primary effect of advancing or inhibiting religion, and 3. Does not foster excessive entanglement between government and religion (Greenberg 2003, 462; 2006, 352, 372 ; at UMKC http://www.law.umkc.edu/ ; at http://www1.law.umkc.edu/Library/bookmarks.htm#fedcourts ; and http://supreme.justia.com/scripts/search ). In 1985, the Court ruled in Aguilar v. Felton (1985) 12 that sending government-paid teachers into parochial schools to provide remedial education violated the establishment clause, as the program "excessively entangled" state and religion. However, in Agostini v. Felton (1997) 13 the Court upheld the practice of providing services of government-paid counselors teaching at sectarian schools (McConnell et al. 2006, 390 and 417). 10 392 U.S. 236 (1968) 11 403 U.S. 602 (1971) 12 473 U.S. 402 (1985) 13 521 U.S. 203 (1997)

Authors: Oberbauer, Angela.
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Separation of Church and State: Constitutional Policy in Conflict 9
The Question of Financial Aid to Religious Schools
Financial aid to religious schools was at issue in Everson v. Bd. of Education (1947)
(ibid 4, page 7)
and in Board. of Education. v. Allen (1968)
10
when the Court also upheld a law loaning textbooks
free of charge to the students in private schools. The majority argued "no funds or books are
furnished to the parochial schools, and the financial aid is to parents and children, not schools."
However, because aid did go directly to private schools in Lemon v. Kurtzman (1971)
11
the
"Lemon" test was articulated by the Court clarifying criteria when
Government action violates the
Establishment Clause, unless the action shows [It]:
1. Has a significant secular (i.e., non-religious) purpose,
2. Does not have the primary effect of advancing or inhibiting religion, and
3. Does not foster excessive entanglement between government and religion
(Greenberg 2003, 462; 2006, 352, 372
; at UMKC
http://www.law.umkc.edu/
; at
http://www1.law.umkc.edu/Library/bookmarks.htm#fedcourts
;
and
http://supreme.justia.com/scripts/search
).
In 1985, the Court ruled in Aguilar v. Felton (1985)
12
that sending government-paid teachers
into parochial schools to provide remedial education violated the establishment clause, as the
program "excessively entangled" state and religion.
However, in Agostini v. Felton (1997)
13
the Court upheld the practice of providing services of
government-paid counselors teaching at sectarian schools (McConnell et al. 2006, 390 and 417).
10
392 U.S. 236 (1968)
11
403 U.S. 602 (1971)
12
473 U.S. 402 (1985)
13
521 U.S. 203 (1997)


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