Committee for Public Education v. Nyquist

The district court upheld the constitutionality of the tax benefit but agreed that the direct money grants and tuition reimbursement violated the Establishment Clause.Justice Hugo Black writing for the majority in Everson upheld a New Jersey state law that reimbursed the parents of parochial school students for transportation costs.If the Court finds a legitimate secular purpose, the law may still be unconstitutional if the primary effect advances religion or results in excessive entanglement between government and religious orders.Writing for the majority, Justice Lewis Powell recognized as valid the legislative findings of the statute for all three programs, including the interest in "promoting pluralism and diversity" of school choice.Distinguishing Everson, Allen and Tilton, the Court found that without restricting the grants to exclusively secular facilities the law "has a primary effect that advances religion in that it subsidizes directly the religious activities of sectarian elementary and secondary schools.
Supreme Court of the United StatesF. Supp.S.D. NY.Establishment ClauseWarren E. BurgerWilliam O. DouglasWilliam J. Brennan Jr.Potter StewartByron WhiteThurgood MarshallHarry BlackmunLewis F. Powell Jr.William RehnquistU.S. Const. amend. ILemon testLemon v. KurtzmanEverson v. Board of EducationHugo BlackLewis PowellWalz v. Tax Comm'nU.S. Supreme CourtFirst Amendment to the United States ConstitutionMarsh v. ChambersLynch v. DonnellyBoard of Trustees of Scarsdale v. McCrearyCounty of Allegheny v. American Civil Liberties UnionVan Orden v. PerryMcCreary County v. American Civil Liberties UnionPleasant Grove City v. SummumSalazar v. BuonoTown of Greece v. GallowayAmerican Legion v. American Humanist AssociationWalz v. Tax Comm'n of the City of New YorkBob Jones University v. United StatesEstate of Thornton v. Caldor, Inc.Corp. of Presiding Bishop v. AmosTexas Monthly, Inc. v. BullockCity of Boerne v. FloresCutter v. WilkinsonFlast v. CohenTilton v. RichardsonValley Forge Christian College v. Americans United for Separation of Church & StateMueller v. AllenAguilar v. FeltonWitters v. Washington Department of Services for the BlindZobrest v. Catalina Foothills School DistrictBoard of Ed. of Kiryas Joel Village School Dist. v. GrumetAgostini v. FeltonMitchell v. HelmsZelman v. Simmons-HarrisLocke v. DaveyArizona Christian Sch. Tuition Org. v. WinnTrinity Lutheran Church v. ComerEspinoza v. Montana Department of RevenueCarson v. MakinOklahoma Statewide Charter School Board v. DrummondMcCollum v. Board of EducationZorach v. ClausonEngel v. VitaleAbington School District v. SchemppEpperson v. ArkansasStone v. GrahamWallace v. JaffreeEdwards v. AguillardWestside Community Board of Ed. v. MergensLee v. WeismanSanta Fe Ind. School Dist. v. DoeElk Grove Unif. School Dist. v. NewdowKennedy v. Bremerton School Dist.Lamb's Chapel v. Center Moriches Union Free School Dist.Capitol Square Review & Advisory Board v. PinetteRosenberger v. Univ. of VirginiaGood News Club v. Milford Central SchoolShurtleff v. City of BostonWatson v. JonesUnited States v. BallardPresbyterian Church v. Hull ChurchSerbian Orthodox Diocese v. MilivojevichHein v. Freedom From Religion FoundationBlue lawsMcGowan v. MarylandBraunfeld v. BrownTorcaso v. WatkinsMcDaniel v. PatyHarris v. McRaeLarkin v. Grendel's Den, Inc.Bowen v. KendrickTrump v. Hawaii