The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral 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
(More information here)
Full Opinion: First Amendment, Parochiaid: 5 - 4
Voted with the majority, joined Rehnquist's opinion
Burger
Voted with the minority, joined Marshall's dissent
Brennan
Voted with the majority, joined Rehnquist's opinion
White
Voted with the minority, authored a dissent
Marshall
Voted with the minority, joined Marshall's dissent
Blackmun
Voted with the majority, joined Rehnquist's opinion
Powell
Voted with the majority, authored an opinion
Rehnquist
Voted with the minority, joined Marshall's dissent
Stevens
Voted with the majority, joined Rehnquist's opinion
O'Connor

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 ).