EVERSON v. BOARD OF EDUCATION

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Case Basics
Docket No. 
52
Petitioner 
Everson
Respondent 
Board of Education
Opinion 
Advocates
(Argued the cause for the appellant)
(Argued the cause for the appellees)
(Argued the cause for the appellant)
Term:
Facts of the Case 

A New Jersey law allowed reimbursements of money to parents who sent their children to school on buses operated by the public transportation system. Children who attended Catholic schools also qualified for this transportation subsidy.

Question 

Did the New Jersey statute violate the Establishment Clause of the First Amendment as made applicable to the states through the Fourteenth Amendment?

Conclusion 

No. A divided Court held that the law did not violate the Constitution. After detailing the history and importance of the Establishment Clause, Justice Black argued that services like bussing and police and fire protection for parochial schools are "separate and so indisputably marked off from the religious function" that for the state to provide them would not violate the First Amendment. The law did not pay money to parochial schools, nor did it support them directly in anyway. It was simply a law enacted as a "general program" to assist parents of all religions with getting their children to school.

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EVERSON v. BOARD OF EDUCATION. The Oyez Project at IIT Chicago-Kent College of Law. 24 October 2014. <http://www.oyez.org/cases/1940-1949/1946/1946_52>.
EVERSON v. BOARD OF EDUCATION, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1940-1949/1946/1946_52 (last visited October 24, 2014).
"EVERSON v. BOARD OF EDUCATION," The Oyez Project at IIT Chicago-Kent College of Law, accessed October 24, 2014, http://www.oyez.org/cases/1940-1949/1946/1946_52.