Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. neither a state nor the Federal Government can set up a church. Black wrote the majority opinion upholding the transportation reimbursement while providing the still-classic formulation of the establishment clause: “The ‘establishment of religion’ clause of the First Amendment means. Board of Education (1947), a constitutional challenge to an arrangement whereby a New Jersey board of education compensated parents for transportation expenses for both parochial and public schools. Chief Justice Charles Evans Hughes wrote the majority opinion upholding the right of the state of Louisiana to use public funds to supply textbooks to children attending religious schools, thereby formulating the distinction between the institution and the student.Īfter that decision, state and federal funds were expended for child benefit purposes, including the provision of food and milk to children regardless of whether their schools were public or private religious institutions.Ĭhild benefit theory next reached the Supreme Court in Everson v. The child benefit theory was introduced in the Supreme Court’s decision in Cochran v. Child benefit theory introduced in Louisiana religious schools case Opponents on this issue hold equally problematic positions, such as denying that obstacles exist to state support of religious schools or maintaining that any state assistance to religious schools is unconstitutional, despite valid and perfectly secular reasons to provide state aid to all schools, including religious ones. Therefore, the distinction between church and state that the theory proposes is arguably fallacious. In practice, child benefit theory has proven to be problematic.īoth the student and the religious institution gain from the provision of government welfare benefits. Child benefit theory has raised First Amendment issuesĭirect government aid to religious schools is generally held to violate the establishment clause of the First Amendment. “Child benefits” generally have taken the form of health care services, transportation services, and the provision of nonreligious textbooks directly to students. (AP Photo/Michael Conroy, used with permission from the Associated Press)Ĭhild benefit theory refers to certain types of indirect state welfare benefits disbursed to students attending church-run educational institutions. Child benefit theory refers to certain types of indirect state welfare benefits disbursed to students attending church-run educational institutions. Bush issued a call to arms today for America's "armies of compassion," unveiling plans that would enlist charities, community groups and religious organizations to help government deliver social services. Bush, right, acts out a song with Renee Busby, left, and Petronila Diaz as he toured the Metro Church School in Indianapolis Thursday, July 22, 1999. Republican presidential hopeful George W.
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