McCollum v. Board of Education

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McCollum v. Board of Education
N.E.2d
161 (1947); probable jurisdiction noted, 67 S. Ct. 1524 (1947).
Holding
The use of public school facilities by religious organizations to give religious instruction to school children violates the Establishment Clause of the First Amendment.
Court membership
Chief Justice
Fred M. Vinson
Associate Justices
Harold H. Burton
Case opinions
MajorityBlack, joined by Vinson, Douglas, Murphy, Rutledge, Burton
ConcurrenceFrankfurter, joined by Jackson, Rutledge, Burton
ConcurrenceJackson
DissentReed
Laws applied
U.S. Const., Amends. I and XIV
Wikisource has original text related to this article:

McCollum v. Board of Education, 333 U.S. 203 (1948), was a landmark

public school system to aid religious instruction. The case was a test of the separation of church and state
with respect to education.

The case tested the principle of "released time" in which public schools set aside class time for religious instruction. The Court struck down a Champaign, Illinois, program as unconstitutional because of the public school system's involvement in the administration, organization, and support of religious instruction classes. The Court noted that some 2,000 communities nationwide offered similar released time programs affecting 1.5 million students.[1]

Background

The case was brought by Vashti McCollum, the mother of a student enrolled in the Champaign public school district.

In 1940, interested members of the

Jewish
faiths formed an association named the Champaign Council on Religious Education. The association obtained permission from the Champaign Board of Education to offer voluntary religious education classes for public school students from grades four to nine. The weekly 30- and 45-minute classes were led by clergy and lay members of the association in public school classrooms during school hours.

McCollum, an

Establishment Clause of the First Amendment and the principle of separation of church and state in the United States. McCollum also complained that the school district's religious education classes violated the Equal Protection Clause of the Fourteenth Amendment
. The principal elements of the McCollum complaint were that:

  • In actual practice, certain Protestant groups exercised an advantage over other Protestant denominations.
  • The school district's calling the classes "voluntary" was in name only because school officials often coerced or forced students' participation.
  • The power exercised by the Champaign Council on Religious Education in its selection of instructors and the school superintendent's oversight of these instructors served to determine which religious faiths participated in the instructional program and constituted prior censorship of religion.

In her suit, McCollum asked that the Board of Education be ordered to "adopt and enforce rules and regulations prohibiting all instruction in and teaching of all religious education in all public schools in Champaign District Number 71, and in all public school houses and buildings in said district when occupied by public schools."

The Circuit Court of

Illinois Supreme Court
affirmed the lower court's ruling.

Decision of the Court

McCollum sought review from the

Baptist Joint Committee of Religious Liberty, filed briefs in support of McCollum's position.[2][3]

On March 8, 1948, the Court ruled 8-1 in favor of McCollum and ruled that the classes were unconstitutional.

In the majority opinion, written by Justice Hugo Black, the Court held:

[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 state's 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.

Dissent

The lone dissenting justice, Stanley Forman Reed, objected to the breadth of the majority's 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.

Subsequent developments

The Supreme Court's ruling remanded the case to the Illinois high court for relief consistent with the federal ruling.

The Court revisited the issue of religious instruction in

New York State
program allowing religious education during the school day was permissible because it did not use public school facilities or public funds.

See also

References

  1. ^ McCollum v. Board of Education, 333 U.S. 203 (1948).  This article incorporates public domain material from judicial opinions or other documents created by the federal judiciary of the United States.
  2. ^ Lieblich, Julia (May 18, 1998), "Back to the Future?", Christianity Today.
  3. ^ Dart, John (September 19, 2006), "A pioneer figure in church-state rulings", Christian Century.

Further reading

External links
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