The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, April 18, 1983
Decision: Wednesday, June 29, 1983
Issues: First Amendment, Parochiaid
Categories: education, establishment of religion, first amendment, freedom of religion

Advocates

Douglas C. Blomgren (Argued the cause for the respondents)
William I. Kampf (Argued the cause for the petitioners)

Facts of the Case

A Minnesota law allowed taxpayers to deduct from their state income tax expenses incurred in providing tuition, textbooks, and transportation for their children's elementary or secondary school education. Parents who sent their children to parochial school also qualified for the deductions.

Question

Did the law violate the Establishment Clause of the First Amendment?

Conclusion

No. The Court held that the law did not have "the primary effect of advancing the sectarian aims of the non-public schools," nor did it "excessively entangle" the state in religion. Most importantly, argued Justice Rehnquist, the deductions were available to all parents; in effect, Minnesota did not "confer any imprimatur of state approval" on religious schools. Thus, the law passed the Court's three-pronged test announced in Lemon v. Kurtzman (1971) used to evaluate claims regarding the Establishment Clause.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
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Decision: 5 votes for Allen, 4 vote(s) against
Legal Provision: Establishment of Religion
Voted with the majority
Burger
Voted with the minority, joined Marshall's dissent
Brennan
Voted with the majority
White
Wrote a dissent
Marshall
Voted with the minority, joined Marshall's dissent
Blackmun
Voted with the majority
Powell
Wrote the majority opinion
Rehnquist
Voted with the minority, joined Marshall's dissent
Stevens
Voted with the majority
O'Connor
Full Opinion by Justice William H. Rehnquist

Cite this page

The Oyez Project, Mueller v. Allen, 463 U.S. 388 (1983),
available at: <http://www.oyez.org/cases/1980-1989/1982/1982_82_195/>
(last visited ).