Repudiating Everson: On Buses, Books, and Teaching Articles of Faith
Capital University - Law School
April 23, 2009
Mississippi Law Journal, Vol. 78, pp. 567-636, 2009
This article traces the evolution of Establishment Clause jurisprudence with respect to state funding of primary and secondary religious schools. What was initially a concern that the state not support religious teaching evolved into an analysis of whether non-sectarian benefits were being accorded to religious and non-religious schools alike. Then, the Court modified its approach, focusing on whether what was admittedly state support of the teaching of religion could reasonably be imputed to the state. While the individual changes in the Court's approach themselves were often not dramatic, they collectively have resulted in a jurisprudence that cannot be squared with the letter or spirit of Everson, even when Everson is understood to be much less separationist than is commonly supposed.
Keywords: Establishment Clause, funding, primary/secondary schools, private choice
JEL Classification: I21, K10
Date posted: April 24, 2009