But, it would be make a mockery of (Inaudible) of the First Amendment, if calling this thing a purchase of service of contract or calling this thing as salary supplement. Elimination of prayers is only part of the problem.

The suggestion has been made that there are some kind of exclusion policy in these schools, either racial or religious. The Rhode Island Salary Supplement Act[2] was enacted in 1969. But what about what I was mentioning a chaplaincy staff, four or five chaplains of a particular denomination maintained by the hospital, does this make a difference? For myself, if such proof were made, the legislation would to that extent be unconstitutional. (Supp. "II. 90-95% of a non-public elementary schools students are enrolled in the Roman Catholic parochial schools. Nor can we fail to see that in constitutional adjudication some steps, which when taken were thought to approach "the verge," have become the platform for yet further steps. The State cannot finance secular instruction if it permits religion to be taught in the same classroom; but if it exacts a promise that religion not be so taught—a promise the school and its teachers are quite willing and on this record able to give—and enforces it, it is then entangled in the "no entanglement" aspect of the Court's Establishment Clause jurisprudence. 392 U.S. at 243, 88 S. Ct. at 1926. Since the State has determined that the secular education provided in sectarian schools serves the legitimate state interest in the education of its citizens, it is contended that state aid solely to the secular education function does not involve the State in aid to religion. VIII, § 3; Ind. And no teacher who teaches in a parochial or non public school is required to come within the provisions of the Salary Supplement Act. 2d 947, my reasoning is somewhat different and leads to the conclusion that, except for Lemon, the individual plaintiffs lack standing under the Free Exercise Clause even more clearly than under the Establishment Clause. The act is printed Your Honor, appendix A18.

This enormous burden is borne by these schools. The Act authorizes state officials to supplement the salaries of teachers of secular subjects in nonpublic elementary schools by paying directly to a teacher an amount not in excess of 15% of his current annual salary. The other important thing is the concept in Walz — both interdependence and entanglement.

686. Defendant Sloan is the State Treasurer of the Commonwealth of Pennsylvania who will allocate the approved funds. MR. JUSTICE HARLAN, in a separate opinion in Walz, supra, echoed the classic warning as to "programs, whose very nature is apt to entangle the state in details of administration .

It is not necessary to inquire whether, for the fulfillment of this primary religious purpose every course is taught with religious overtones.
The issue is fairly joined. 2d 45; Cooper v. Aaron, 1958, 358 U.S. 1, 16-19, 78 S. Ct. 1401, 3 L. Ed. (5) "Purchase secular educational service" shall mean the purchase by the Superintendent of Public Instruction from a nonpublic school pursuant to contract, of secular educational service at the reasonable cost thereof. As the majority opinion correctly indicates, religion's interest and the state's interest in the public good necessarily overlap. Const., Art. Zorach v. Clauson, 343 U. S. 306 (1952). In Walz it was argued that a tax exemption for places of religious worship would prove to be the first step in an inevitable progression leading to the establishment of state churches and state religion.

I continue to adhere to the view that to give concrete meaning to the Establishment Clause. In addition the teacher must not engage in teaching any course in religion. Again, although the federal subsidy, similar to the Everson and Allen subsidies, is available to both public and nonpublic colleges and universities, the Rhode Island and Pennsylvania subsidies are restricted to nonpublic schools, and for practical purposes to Roman Catholic parochial schools.

I would like to correct an impression I may have left with this Court this morning Your Honor when you asked me the question was there a false document statute — I thought Your Honor was referring to the Act in question that is the Salary Supplement Act when I responded no, there is such a —. Then interdependence, and that’s on the face of the Act because the Act says it’s dependent. B. Const., Art. These internal pressures are only enhanced when the schemes involve institutions whose legitimate needs are growing and whose interests have substantial political support.

While the Rhode Island Act, unlike the Pennsylvania Act, provides for direct payments to the teacher, the three-judge District Court below found it unconstitutional because it "results in excessive government entanglement with religion." Branches of mathematics include arithmetic, algebra, geometry, trigonometry, calculus, analysis, probability, statistics, logic, and number theory. I reach this conclusion for the reasons I have stated: the necessarily deep involvement of government in the religious activities of such an institution through the policing of restrictions, and the fact that subsidies of tax monies directly to a sectarian institution necessarily aid the proselytizing function of the institution. Did the plaintiffs want a three-judge court or not? It is quite unlike the situation where State tax-supported public school buildings, facilities and teachers are used as a forum and means for the dissemination of religious doctrines at times and on occasions when pupils are subject to the State's compulsory attendance laws. The highways of church and state relationships are not likely to be one-way streets, and the Constitution's authors sought to protect religious worship from the pervasive power of government.

The Pennsylvania statute, like that of Rhode Island, fosters this kind of relationship. It depends upon the school in question, Your Honor. Now there are 98 parochial schools in the state of Rhode Island.

"[12], Early in the 19the century the Protestants obtained control of the New York school system and used it to promote reading and teaching of the Scriptures as revealed in the King James version of the Bible. The subtleties involved in applying this standard are obvious. With the few minutes remaining Your Honor, I think I will not get in to an analysis of the decision of the court below but rather I would like to take a moment again to call your attention to the evidence that was submitted to the Court below and the findings. Public financial support of parochial schools puts those schools under disabilities with which they were not previously burdened.

As far as the Act itself is concerned, the state feels that one of the great features of the Act is its voluntary provisions. In a community where such a large number of pupils are served by church-related schools, it can be assumed that state assistance will entail considerable political activity.

As a matter of fact, there is a member of religious order who is a teacher. The complaint, alleged violation of the First Amendment’s religious clause and of the Equal Protection Clause of the Fourteenth Amendment.

You’re referring now to a religious person, a nun? (c) In the event that, in any fiscal year, the total amount of moneys which were actually paid into the Nonpublic Elementary and Secondary Education Fund shall be insufficient to pay the total amount of validated requests hereunder in reimbursement for that year, reimbursements shall be made in that proportion which the total amount of such requests bears to the total amount of moneys in the Nonpublic Elementary and Secondary Education Fund.
United States District Court E. D. Pennsylvania. Const., Art.

They filed an answer which is contained in the appendix at A42, plaintiff agrees that the action will not be maintained as a class action under Rule 23(c).

If a given school, religiously affiliated school, today were to claim $800.00 for the teaching of math during that year and under the Act you’re speaking of, the unconstitutional Act of which you speak, Your Honor, it would get $800.00 for the teaching of religion, no financial difference but the constitutional difference would be totally different. Both Pennsylvania and Rhode Island adopted statutes that provided for the state to pay for aspects of non-secular, non-public education.

Thank you.

In Ireland the public schools are under denominational managership—Catholic, Episcopalian, Presbyterian, and Hebrew. 7, § 8. Could I ask you a preliminary question, (Inaudible). 316 F. The complaint alleges that the great majority of the schools eligible for subsidies under the Act are affiliated with or under the control or direction of churches or are in other respects sectarian schools or schools which teach religion and that the primary purpose as well as the principal effect of the Act is thus to aid religious institutions. Our mission is to provide a free, world-class education to anyone, anywhere. And I don’t, for one believe that because of financial difficulty that the Catholic Church is going to give up a mandated function for which they fought and indeed in Philadelphia in 1941 died for the principle in the condition of affluence in which everyone in society now finds themselves. The District Court also focused on the recurring nature of payments by the State of Rhode Island; salaries must be supplemented and money appropriated every year and hence the opportunity for controversy and friction over state aid to religious schools will constantly remain before the State. We noted probable jurisdiction. There is no reason to believe the legislatures meant anything else. Between 1840 and 1875, 19 States added provisions to their constitutions prohibiting the use of public school funds to aid sectarian schools, id., at 180, and by 1900, 16 more States had added similar provisions.

The plurality argues that neither of these dangers is present.[43]. The government cash grants before us now provide no basis for predicting that comprehensive measures of surveillance and controls will not follow. This Court, since it began the evolution of the purpose and primary test has found in four instances that the mere fact that an effect of a statute may be of aid or benefit to religion does not constitute a barrier to its passing constitutional muster. [637] Parochial schools, in large measure, do not accept the assumption that secular subjects should be unrelated to religious teaching. As a result, in 1825, the legislature transferred to the city council the responsibility for distributing New York City's share of the state funds. 89 were filed by Acting Solicitor General Friedman, Assistant Attorney General Ruckelshaus, Robert V. Zener, and Donald L. Horowitz for the United States; by Paul W. Brown, Attorney General of Ohio, pro se, and Charles S. Lopeman, First Assistant Attorney General, for the Attorney General of Ohio et al. Finally, nothing we have said can be construed to disparage the role of church-related elementary and secondary schools in our national life. We said in unequivocal words in Everson v. Board of Education, 330 U. S. 1, 16, "No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion." Now, that doesn’t get us away from the question and the question is how about hospitals?

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