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Everson V. The Board of Education 1947

CHURCH V. STATE. Everson V. The Board of Education 1947. Historical Background . When the Constitution was formed religious freedom was a number one consideration of the people.

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Everson V. The Board of Education 1947

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  1. CHURCH V. STATE Everson V. The Board of Education 1947

  2. Historical Background • When the Constitution was formed religious freedom was a number one consideration of the people. • There were two instructions: the prevention of creating a religion Establishment Clause, and freedom of belief, Free Exercise Clause. This is separation of church and state. • Any question of the separation of church and state must be settled in a court.

  3. Circumstances of the case • New Jersey had made arrangements to provide transportation to public and private schools. • The Ewing Township had made a deal through the district to use the public bus and the district would then reimburse the parents for the costs of transportation, public and private. • The payments were made to catholic schools. • Mr. Everson fought that public tax money was being used for the parochial schools instead of public education. • He said this violated the first amendment , and the constitutional right of separation of church and state.

  4. Constitutional Issues • Did the use of public funds to pay for transporting children to parochial schools violate the 1st Amendment, the establishment of a state religion? • Would not providing transportation violate the 1st Amendment by not allowing to right to exercise a religion freely?

  5. The 1st Amendment prohibits a state from creating an official religion. Using the public tax money to transport private school students does not separate church from state. So if tax money is used to transport parochial students it is violating the Establishment Clause. Arguments for Everson

  6. The 1st Amendment doesn’t allow the establishment of a State religion, but does allow free exercise of religion. To take away the money from parents for the transportation of their children to parochial schools would be to discriminate against parents of Catholic school children and thereby violate the Free Exercise Clause. Arguments for the board of education

  7. Decision and rationale • In a 5-4 court ruling was in favor of reimbursing the parents of parochial school student. They decided it would b discriminating against them if it was not reimbursed, and it would be violation of the 1st amendment. New Jersey has a policy that all students would be reimbursed for transportation, no matter what accredited school they went to.

  8. My opinion • I too am in favor of reimbursing the private school students. I don’t think that it should matter what school you attend, it is state mandatory that you attend school and it is your choice where you go, so it should be paid for.

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