| Should government fund Christian and other | | | | would be used for nonsectarian purposes. Twenty |
| religious organizations? If so, what kind of strings | | | | years after the grant, the schools would be |
| should it attach? Should the strings be long? | | | | permitted to use the facilities for Christian and |
| Short? Should there even be any strings? These | | | | other religious purposes. |
| questions do not lend themselves to easy | | | | The Court held that the grants would be |
| answers, as American history shows. | | | | permissible if the state eliminated the 20-year |
| In the colonial period government funding for | | | | provision. While the statute had a secular purpose |
| Christian organizations was an established practice. | | | | and would not entangle government with religion, |
| A number of colonies even designated one religion | | | | the 20-year provision would advance religion. |
| to receive tax dollars: It was the Anglican Church | | | | The Court's new accomadationist stand |
| in much of the South and the Congregational | | | | 1983 marked a turning point. Justice Sandra Day |
| Church in much of New England. Other colonies | | | | O'Connor voiced the Court's new philosophy. |
| required citizens to choose their own protestant | | | | There will be less government entanglement with |
| church beneficiary. Delaware, New Jersey, | | | | religion if lower courts monitor Christian and other |
| Pennsylvania, and Rhode Island were the only | | | | religious organizations less and trust them more to |
| colonies not to require their citizens to fund | | | | adhere to government requirements not to |
| religion. | | | | disburse government funds with a secular |
| The relationship between the state and religion | | | | purpose, she said. |
| changed after the Revolution. The framers of the | | | | For the same reason the Court began to give |
| new United States Constitution included the | | | | states and their statutes the same deference. |
| following words in the First Amendment, | | | | In 1983, the Minnesota legislature made parents of |
| "Congress shall make no law respecting an | | | | school children eligible for tax deductions, the |
| establishment of religion, or prohibiting the free | | | | stated goal to help fund tuition, textbooks, and |
| exercise thereof." The first part is the | | | | transportation for their children's public or parochial |
| Establishment Clause, the second part the Free | | | | education. |
| Exercise Clause. | | | | The Court upheld the statute. It passed the 3 |
| Through the ages Americans have interpreted the | | | | prong test: Its secular purpose was to enhance |
| Establishment Clause differently. There are the | | | | the education of all students; it avoided advancing |
| separationists who are skeptical about | | | | one religion; and it did not entangle government |
| government funding Christian and other religious | | | | with religion. |
| organizations because they say it implies | | | | Ensuing Court decisions furthered the |
| endorsement of and support for religion. Our | | | | accomadationist trend. A 2002 Court decision, is |
| government must not favor one religion over | | | | one example. The case involved a pilot program |
| another, or religion over non-religion, or non-religion | | | | that allowed poor students from Cleveland to |
| over religion, they say. | | | | attend participating public and private schools, with |
| Then you have the accomadationists who are | | | | the help of $2,500 a year, government-sponsored |
| open to government funding Christian and other | | | | tuition vouchers. A lottery was needed because |
| religious organizations. They say the Clause | | | | the volume of students applying to enter the |
| permits it - it only bans government from | | | | program far exceeded the number of students |
| favoring any one religion or certain religions over | | | | the program could accept. Students choosing to |
| others -- and it solves secular problems. | | | | stay in their public school would have access to |
| These are the battle lines. And the courts have | | | | tutorial instruction. Eighty-two percent of the |
| been the referees. | | | | participating private schools had a religious |
| The Supreme Court and the Establishment Clause | | | | affiliation. Ninety-six percent of the students |
| For more than 150 years after the Constitution | | | | attended religiously-affiliated schools. |
| was drafted, the Supreme Court dealt with few | | | | The Court found Cleveland's voucher policy |
| cases that implicated government funding for | | | | constitutional. It based its decision on a five-prong |
| religion. The turning point came in 1947 when the | | | | test it devised for this and subsequent voucher |
| Court dealt with a New Jersey statute. The heart | | | | cases. To be constitutional voucher programs |
| of the issue was whether the Constitution permits | | | | must: |
| the government to reimburse parents to give | | | | |
| them the means to bus their children to parochial | | | | 1. Have a valid secular purpose |
| school. | | | | 2. Aid parents and not the schools |
| Yes, the Court said, there is nothing | | | | 3. Benefit a broad class of students |
| unconstitutional about government enabling children | | | | 4. Be neutral with respect to religion |
| of all religions to get to school. This case involves | | | | 5. Include adequate nonreligious options |
| indirect aid to religion with a secular purpose, and | | | | The Court held that the purpose of the program |
| that is permissible. | | | | was to improve educational opportunities for |
| But the most significant part of this decision was | | | | students in failing public schools. The money was |
| the Court's holding that the Establishment Clause | | | | given to parents, not the schools. A diversity of |
| applies to the states via the Due Process Clause | | | | students representing various races, creeds, |
| of the Fourteenth Amendment, the post Civil War | | | | nationalities, and religions participated in the |
| amendment that bans the states from depriving | | | | program. The program allowed parents to send |
| its citizens of life, liberty, and property. | | | | their children to public schools and nonreligious |
| This made the Establishment Clause and | | | | private schools. |
| government funding of Christian and other | | | | Charitable Choice |
| religious organizations a national issues for the | | | | Outside the realm of case law, much has been |
| Court to pass judgment on. In the early decades | | | | made of President George W. Bush's faith based |
| after the NJ Decision, separationists had the upper | | | | initiative in 2001 that opened the door to |
| hand. | | | | government funding for pervasively Christian and |
| In 1971, the Court held that providing teacher | | | | other religious organizations. What gave him the |
| salaries, textbooks, and instructional materials for | | | | opportunity was a provision of the 1996 Welfare |
| sectarian subjects in nonpublic schools violates the | | | | Reform Act passed by President Bill Clinton called |
| Establishment Clause. It's too overt, too direct. | | | | charitable choice. |
| This decision is mostly known, however, for the | | | | Before charitable choice, the only Christian and |
| three-prong test the Court set up to decide this | | | | other religious organizations to receive |
| and future cases involving government funding for | | | | government funds disbursed social services via a |
| Christian and other religious groups. To pass | | | | separate nonprofit organization that they set up |
| constitutional muster, a statute must have a | | | | solely for that purpose. Since charitable choice, |
| secular purpose, not advance nor inhibit religion, | | | | pervasively Christian and other religious |
| and not foster excessive government | | | | organizations have had equal access to federal |
| entanglement with religion. | | | | bids and grants that allow them to provide social |
| In 1973, the Court dealt with a New York statute | | | | services. |
| that provided grants for parochial schools that | | | | Some wondered if charitable choice was |
| cater largely to low income students. The | | | | constitutional. A Court decision in 1997 cleared the |
| legislature provided the money for school | | | | air even though the case was not about charitable |
| maintenance. It also reimbursed parents who | | | | choice. Here Justice O'Connor partially rewrote the |
| qualify and provided tax deductions for parents | | | | test so that the third prong supplements the |
| who did not qualify. Another objective of this | | | | second. She added two other qualifiers. Recipients |
| legislation was to keep the children in private | | | | of government funding still must ensure it serves |
| schools to avoid public school overcrowding. | | | | a valid secular purpose and does not advance |
| The Court found the legislature had a secular | | | | religion. |
| purpose in curbing overcrowding in public schools. | | | | But to satisfy the "does not advance religion" |
| But it nullified the statute anyway, stating that it | | | | prong, they must only ensure that the aid: |
| advanced religion and entangled the government | | | | - Is not being used for religious indoctrination |
| with religion. This statute's chief objective was | | | | - Defines the eligibility of participating organizations |
| parochial school maintenance. Public school | | | | without regard to religion |
| overcrowding was a secondary concern. The NJ | | | | - Does not create excessive government |
| decision, on the other hand, was about bussing. | | | | entanglement |
| The beneficiaries were parents and children. | | | | From 1971 decision, the Court had demanded that |
| In 1971, the Court had to decide whether the | | | | government funding for Christian and other |
| Higher Education Facilities Act of 1963 was | | | | religious organizations be indirect. The 1997 |
| constitutional. The Act provided grants to | | | | decision, however, suggested that direct aid could |
| church-sponsored colleges to build facilities that | | | | be okay. |