Everson vs. Board of Education
Everson vs. Board of Education
BOARD OF
EDUCATION
Following is the case brief for Everson v. Board of Education, Supreme Court of
the United States, (1947)
On appeal, the New Jersey Supreme Court found for the school board. Everson
appealed to the Supreme Court of the United States and the Court granted
certiorari.
A state may not refuse to include institutions of religion in subsidy programs that
are general in nature as this could impact the “free exercise of religion” for state
citizens.
Reasoning:
The First Amendment of the Constitution does not bar the state of New Jersey
from allocating public funds to pay the transportation costs of students attending
parochial schools in the same way it pays for children attending public schools.
The Court held that although the First Amendment requires a state to stay neutral
regarding their treatment of religious institutions, it also prohibits a state from
directing hostility towards a religion in a manner which interferes with its citizen’s
free exercise of religion. Specifically, the Establishment Clause prohibits a state
from creating a law which “respects the establishment of religion.”
This concept must be balanced against the Free Exercise Clause, which
prohibits the inhibiting of “the free exercise of religion.”
Here, New Jersey did not use taxpayer’s money to pay for parochial school
programs directly, but provided an equal funding transportation program. If New
Jersey failed to fund the transportation of students in parochial schools, operation
of the school itself would become significantly more difficult.
Denial of funds could equate to discouraging religious students from attending
parochial schools. This would result in inhibiting their freedom to exercise their
religion.
Dissenting (Rutledge):
The intent behind the First Amendment was to create a complete separation
between church and state. The majority’s opinion is contrary to the framer’s
intent and violates the principle of absolute separation of church and state
because it allows a transportation program which indirectly funds private schools
with money from the tax paying public.
Dissenting (Jackson):
The Majority’s opinion seems as odds with its desire to erect a wall between
church and state.
Significance: