Everson+Facts

=Everson Facts= = = Everson versus Board of Education (1947) was the first ever case involving the constitutional issues between public schools and religion.

A Supreme Court was asked to decide whether or not it was permissible for individual localities to spend tax dollars on services to private parochial schools.

A New Jersey law authorized local school boards to use public funds to reinburse parents for the transportation of children to and from school.

The Ewing Township Board of Education extended the law and authorized the reimbursement of money to parents who sent their children to private schools.

Children who attended Catholic schools also qualified for this transportation subsidy.

Catholic parochial schools give their students regular religious instruction.

Arch Everson, filed suit in a state court challenging the right of the Board to reimburse parents of Catholic school students. He argued that the 1st Amendment, which applies only to U.S. Congress, could also be applied to state governments through the due process of the 14th admendment.

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“This law violates the New Jersey State Constitution and the First Amendment. You are providing indirect aid to a religious school by reimbursing parents and students for transportation to and from school. Public funds that support parochial school students is a form of state support of religion.”

Everson lost his lawsuit in the New Jersey Court of Errors and Appeals. The court upheld the New Jersey law because it was uniformly applied to all parents having a child in school and having a need for bus transportation to and from school.

Everson appealed to the U.S. Supreme Court in November of 1946. The 1st Amendment requires the state to be neutral in its stance on religion. The Establishment clause prohibits an official religion endorsed by the government or support from the government of some religions over others. The 14th amendment says no state shall deprive any person of life, liberty, or property, without due process of law.
 * Clarification **