Today in History: On March 8, 1948, the Court ruled 8-1 in favor of McCollum, ruling that the [religious]classes were unconstitutional. In the majority opinion, written by Justice Hugo Black, the Court held that, [The facts] show the use of tax-supported property for religious instruction and the close cooperation between the school authorities and the religious council in promoting religious education. The operation of the states compulsory education system thus assists and is integrated with the program of religious instruction carried on by separate religious sects. Pupils compelled by law to go to school for secular education are released … in part from their legal duty upon the condition that they attend the religious classes. To hold that a state cannot consistently with the First and Fourteenth Amendments utilize its public school system to aid any or all religious faiths or sects in the dissemination of their doctrines and ideals does not … manifest a governmental hostility to religion or religious teachings. … For the First Amendment rests upon the premise that both religion and government can best work to achieve their lofty aims if each is left free from the other within its respective sphere. The lone dissenting justice, Stanley Forman Reed, objected to the breadth of the majoritys interpretation of the Establishment Clause and stated that an incidental support of religion should have been permissible with a more narrow reading of the First Amendment.
Posted on: Sat, 08 Mar 2014 13:44:33 +0000
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