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- EDUCATION, Page 58COVER STORIESBreaching the Church-State Wall
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- "Congress shall make no law respecting an establishment of
- religion, or prohibiting the free exercise thereof . . ."
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- In proposing a voucher system that would subsidize the tuition
- of children who choose parochial schools, the Bush Administration
- is confronting one of the nation's sacrosanct principles: the
- First Amendment's stricture against "establishment of religion"
- creates a wall between church and state. That hurdle, while high,
- may not be impossible to surmount. Over the years the Supreme
- Court has wrestled with the distinction between direct funding of
- religious institutions, which is forbidden, and indirect aid that
- is designed to serve a secular purpose, which may be permissible.
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- One guiding interpretation is the court's 1947 Everson v.
- Board of Education decision, which said public money could be
- spent on busing New Jersey parochial school students because it
- benefited the children. But funds could not go directly to the
- school involved because tax money could not be used to support
- any "institution which teaches the tenets and faith of any
- church." In 1971 the court strengthened that position further
- when it ruled in Lemon v. Kurtzman that the state could not
- reimburse private religious schools for the costs of teaching
- secular subjects. Chief Justice Warren Burger set forth a stiff
- tripartite test for legitimate government aid. There must be a
- secular purpose; the principal effect must neither advance nor
- limit religion; nothing done should foster "an excessive
- government entanglement with religion."
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- In recent years the court has been divided on the proper
- scope of government aid -- direct or indirect -- to sectarian
- schools. In 1983, by a 5-to-4 vote, it let stand a Minnesota law
- that permits parents to deduct parochial school tuition from
- their state income taxes. Many experts believe there is a good
- chance the court would uphold a voucher plan like the one the
- Administration proposes. "It is exceedingly unlikely that this
- will be seen as a forbidden form of establishment," says Harvard
- law professor Laurence Tribe, a leading constitutional scholar.
- "Given the existing doctrine about the separation of church and
- state, I do not see a serious First Amendment problem in a
- reasonably written voucher program."
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