Everson v. Board of Education

EversonEverson v. Board of Ed. of Ewing
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law.wikipedia
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First Amendment to the United States Constitution

First AmendmentFirstU.S. Const. amend. I
Prior to this decision, the First Amendment's words, "Congress shall make no law respecting an establishment of religion" imposed limits only on the federal government, while many states continued to grant certain religious denominations legislative or effective privileges. Arch R. Everson, a taxpayer in Ewing Township, filed a lawsuit alleging that this indirect aid to religion through the mechanism of reimbursing parents and students for costs incurred as a result of attending religious schools violated both the New Jersey state constitution and the First Amendment.
In Everson v. Board of Education (1947), the Court drew on Thomas Jefferson's correspondence to call for "a wall of separation between church and State", though the precise boundary of this separation remains in dispute.

Establishment Clause

Establishment Clause of the First Amendmentestablishment of religionestablishment
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law.
In Everson v. Board of Education (1947), the Supreme Court upheld a New Jersey statute funding student transportation to schools, whether parochial or not.

United States Bill of Rights

Bill of RightsU.S. Bill of RightsUS Bill of Rights
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law.
In Everson v. Board of Education (1947), the Court drew on Thomas Jefferson's correspondence to call for "a wall of separation between church and State", though the precise boundary of this separation remains in dispute.

Incorporation of the Bill of Rights

incorporatedincorporationincorporation doctrine
This was the first Supreme Court case incorporating the Establishment Clause of the First Amendment as binding upon the states through the Due Process Clause of the Fourteenth Amendment.
See Everson v. Board of Education,.

Hugo Black

BlackJustice BlackHugo L. Black
Both Justice Hugo Black's majority opinion and Justice Wiley Rutledge's dissent defined the First Amendment religious clause in terms of a "wall of separation between church and state".
He delivered the opinion of the court in Everson v. Board of Education (1947), which held that the establishment clause was applicable not only to the federal government, but also to the states.

Ewing Township, New Jersey

Ewing TownshipEwingEwing, New Jersey
Arch R. Everson, a taxpayer in Ewing Township, filed a lawsuit alleging that this indirect aid to religion through the mechanism of reimbursing parents and students for costs incurred as a result of attending religious schools violated both the New Jersey state constitution and the First Amendment.
In Everson v. Board of Education, the Supreme Court of the United States ruled for the first time that state and local government were subject to the Establishment Clause of the First Amendment to the United States Constitution, but that it had not been violated in this instance.

Zellers v. Huff

Dixon School Case
Numerous state cases followed disentangling the church from public schools, most notably the 1951 New Mexico case of Zellers v. Huff.
Following on the heels of the U.S. Supreme Court's decision in Everson v. Board of Education, which applied First Amendment freedoms to state as well as federal law, the Dixon School Case was the first state case to implement separation of church and state in public schools, and was watched with interest nationally.

Cantwell v. Connecticut

The 1940 decision in Cantwell v. Connecticut was the first Supreme Court decision to apply the First Amendment's religious protections to the states, that case focusing on the so-called Free Exercise Clause.
The Establishment Clause was incorporated seven years later in Everson v. Board of Education.

Separation of church and state

disestablishmentchurch and stateseparation of religion and state
Having invoked Thomas Jefferson's metaphor of the wall of separation in the Everson decision, the lawmakers and courts have struggled how to balance governments' dual duty to satisfy both the nonestablishment clause and the free exercise clause contained in the language of the amendment.
The Supreme Court did not consider the question of how this applied to the states until 1947; when they did, in Everson v. Board of Education, the court incorporated the establishment clause, determining that it applied to the states and that a law enabling reimbursement for busing to all schools (including parochial schools) was constitutional.

Lists of landmark court decisions

landmark decisionlandmark caselandmark
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law.

Supreme Court of the United States

United States Supreme CourtU.S. Supreme CourtSupreme Court
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law.

State law

statestate legislationlaws of several states
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law.

Legislature

legislativeLegislative powerlegislative branch
Prior to this decision, the First Amendment's words, "Congress shall make no law respecting an establishment of religion" imposed limits only on the federal government, while many states continued to grant certain religious denominations legislative or effective privileges.

De facto

de facto relationshipde-factode facto'' segregation
Prior to this decision, the First Amendment's words, "Congress shall make no law respecting an establishment of religion" imposed limits only on the federal government, while many states continued to grant certain religious denominations legislative or effective privileges.

Due Process Clause

due processdue process of lawdue process rights
This was the first Supreme Court case incorporating the Establishment Clause of the First Amendment as binding upon the states through the Due Process Clause of the Fourteenth Amendment.

Fourteenth Amendment to the United States Constitution

Fourteenth Amendment14th AmendmentFourteenth
This was the first Supreme Court case incorporating the Establishment Clause of the First Amendment as binding upon the states through the Due Process Clause of the Fourteenth Amendment.

New Jersey

NJState of New JerseyJersey
The case was brought by a New Jersey taxpayer against a tax-funded school district that provided reimbursement to parents of both public and private schooled people taking the public transportation system to school.

School district

public school districtschool districtsdistrict
The case was brought by a New Jersey taxpayer against a tax-funded school district that provided reimbursement to parents of both public and private schooled people taking the public transportation system to school.

Constitutionality

unconstitutionalconstitutionalunconstitutionally
The taxpayer contended reimbursement given for children attending private religious schools violated the constitutional prohibition against state support of religion, and the use of taxpayer funds to do so violated the Due Process Clause.

Wiley Blount Rutledge

Wiley RutledgeWiley B. RutledgeRutledge
Both Justice Hugo Black's majority opinion and Justice Wiley Rutledge's dissent defined the First Amendment religious clause in terms of a "wall of separation between church and state".

Dissenting opinion

dissentdissentedminority report
Both Justice Hugo Black's majority opinion and Justice Wiley Rutledge's dissent defined the First Amendment religious clause in terms of a "wall of separation between church and state".

Catholic school

Catholicconvent schoolCatholic high school
Of the private schools that benefited from this policy, 96% were parochial Catholic schools.

Constitution of New Jersey

New Jersey State ConstitutionNew Jersey Constitutionstate constitution
Arch R. Everson, a taxpayer in Ewing Township, filed a lawsuit alleging that this indirect aid to religion through the mechanism of reimbursing parents and students for costs incurred as a result of attending religious schools violated both the New Jersey state constitution and the First Amendment.

New Jersey Court of Errors and Appeals

Court of AppealsNew Jersey Court of Appeals
After a loss in the New Jersey Court of Errors and Appeals, then the state's highest court, Everson appealed to the U.S. Supreme Court on purely federal constitutional grounds.