The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Monday, December 8, 1947
Decision: Monday, March 8, 1948
Categories: education, establishment of religion, federal courts, first amendment, freedom of religion, jurisdiction

Advocates

Not available

Facts of the Case

In 1940, members of the Jewish, Roman Catholic, and some Protestant faiths formed a voluntary association called the Champaign (Illinois) Council on Religious Education. Cooperating with the Champaign Board of Education, the Council offered voluntary classes in religious instruction to public school pupils. The courses were conducted in the regular classrooms of the school building. Students who did not attend the religious instruction were required to go to some other place in the building to pursue secular studies.

Question

Did the use of the public school system for religious classes violate the First Amendment's Establishment Clause?

Conclusion

Yes. The Court held that the use of tax-supported property for religious instruction and the close cooperation between the school authorities and the religious council violated the Establishment clause. Because pupils were required to attend school and were released in part from this legal duty if they attended the religious classes, the Court found that the Champaign system was "beyond question a utilization of the tax-established and tax-supported public school system to aid religious groups and to spread the faith."

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 8 - 1
Voted with the majority, authored an opinion
Black
Voted with the majority, joined Frankfurter's concurrence
Rutledge
Voted with the majority, joined Black's opinion
Murphy
Voted with the majority, joined Black's opinion
Douglas
Voted with the minority, authored a dissent
Reed
Voted with the majority, joined Black's opinion
Vinson
Voted with the majority, joined Frankfurter's concurrence
Burton
Voted with the majority, authored a concurrence
Frankfurter
Voted with the majority, concurred with Frankfurter's concurrence, authored a special concurrence
Jackson

Cite this page

The Oyez Project, McCollum v. Board of Education Dist. 71, 333 U.S. 203 (1948),
available at: <http://www.oyez.org/cases/1940-1949/1947/1947_90/>
(last visited ).