105 S. Ct. 3232; 87 L. Ed. 2d 290; 1985 U.S. LEXIS 117
Holding
Title I of the Elementary and Secondary Education Act of 1965 remedial services could not be provided on the premises of a parochial school because doing so violated the First Amendment's Establishment Clause.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr.·Byron White Thurgood Marshall·Harry Blackmun Lewis F. Powell Jr.·William Rehnquist John P. Stevens·Sandra Day O'Connor
Case opinions
Majority
Brennan, joined by Marshall, Blackmun, Powell, Stevens
Concurrence
Powell
Dissent
Burger
Dissent
White
Dissent
Rehnquist
Dissent
O'Connor, joined by Rehnquist (Parts II and III)
Laws applied
U.S. Const. amend. I
Overruled by
Agostini v. Felton (1997)
Aguilar v. Felton, 473 U.S. 402 (1985), was a United States Supreme Court case holding that New York City's program that sent public school teachers into parochial schools to provide remedial education to disadvantaged children pursuant to Title I of the Elementary and Secondary Education Act of 1965 necessitated an excessive entanglement of church and state and violated the Establishment Clause of the First Amendment to the United States Constitution.[1]
Aguilar v. Felton was subsequently overruled by Agostini v. Felton, 521 U.S. 203 (1997).
For these children, the Court's decision is tragic. The Court deprives them of a program that offers a meaningful chance at success in life, and it does so on the untenable theory that public school teachers (most of whom are of different faiths than their students) are likely to start teaching religion merely because they have walked across the threshold of a parochial school. ~Justice O'Connor.[2]
References[]
^Bernstein, Nina (2001). The Lost Children of Wilder: The Epic Struggle to Change Foster Care. New York City: Vintage Books. pp. 358–359. ISBN978-0-679-75834-1. OCLC48994782.