McCollum v. Board of Education
Encyclopedia
McCollum v. Board of Education, 333 U.S. 203
(1948), was a landmark 1948 United States Supreme Court
case related to the power of a state to use its tax-supported public school system in aid of religious instruction. The case was an early test of the separation of church and state
with respect to education.
The case tested the principle of "released time
", where public schools set aside class time for religious instruction. The Court struck down a Champaign, Illinois
program as unconstitutional because of the public school system's involement in the administration, organization and support of religious instruction classes. The Court noted that some 2,000 communities nationwide offered similar released time programs affecting 1.5 million students.
, the mother of a student enrolled in the Champaign public school district.
In 1940, interested members of various Protestant
, Catholic
, and Jewish
faiths formed an association named the Champaign Council on Religious Education. This association obtained permission from the Champaign Board of Education to offer voluntary religious education classes for public school students from grades four to nine. These weekly 30- and 45-minute classes were led by clergy and lay members of the association in public school classrooms during school hours.
McCollum, an atheist
, objected to the religious classes, stating that her son James was ostracized for not attending them. After complaints to school officials to stop offering these classes went unheeded, McCollum sued the school board in July 1945, stating that the religious instruction in the public schools violated the Establishment Clause of the First Amendment
—the principle of separation of church and state in the United States
. McCollum also complained that the school district's religious education classes violated the Equal Protection Clause
of the Fourteenth Amendment
. The principal elements of the McCollum complaint were that:
In her suit, McCollum asked that the Board of Education be ordered to "adopt and enforce rules and regulations prohibiting all instruction in and teaching of all religious education in all public schools in Champaign District Number 71, and in all public school houses and buildings in said district when occupied by public schools".
The Circuit Court of Champaign County
ruled in favor of the school district in January 1946, and upon appeal the Illinois Supreme Court affirmed the lower court's ruling.
On March 8, 1948, the Court ruled 8-1 in favor of McCollum, ruling that the classes were unconstitutional.
In the majority opinion, written by Justice Hugo Black
, the Court held that
, objected to the breadth of the majority's interpretation of the Establishment Clause and stated that an incidental support of religion should have been permissible with a more narrow reading of the First Amendment.
The high court revisited the issue of religious instruction in Zorach v. Clauson
in 1952. The 6 to 3 ruling in the later case held that a New York
program allowing religious education during the school day was permissible, because it did not use public school facilities or public funds.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1948), was a landmark 1948 United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case related to the power of a state to use its tax-supported public school system in aid of religious instruction. The case was an early test of the separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
with respect to education.
The case tested the principle of "released time
Released Time
Released Time is a concept used in the United States public school system wherein pupils enrolled in the public schools are permitted by law to receive religious instruction...
", where public schools set aside class time for religious instruction. The Court struck down a Champaign, Illinois
Champaign, Illinois
Champaign is a city in Champaign County, Illinois, in the United States. The city is located south of Chicago, west of Indianapolis, Indiana, and 178 miles northeast of St. Louis, Missouri. Though surrounded by farm communities, Champaign is notable for sharing the campus of the University of...
program as unconstitutional because of the public school system's involement in the administration, organization and support of religious instruction classes. The Court noted that some 2,000 communities nationwide offered similar released time programs affecting 1.5 million students.
Background
The case was brought by Vashti McCollumVashti McCollum
Vashti Cromwell McCollum was the plaintiff in a landmark 1948 Supreme Court case that struck down religious education in the public schools. The defendant in the McCollum case was the school district of Champaign, Illinois, wherein instructors chosen by three religious faiths had taught classes...
, the mother of a student enrolled in the Champaign public school district.
In 1940, interested members of various Protestant
Protestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
, Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, and Jewish
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
faiths formed an association named the Champaign Council on Religious Education. This association obtained permission from the Champaign Board of Education to offer voluntary religious education classes for public school students from grades four to nine. These weekly 30- and 45-minute classes were led by clergy and lay members of the association in public school classrooms during school hours.
McCollum, an atheist
Atheism
Atheism is, in a broad sense, the rejection of belief in the existence of deities. In a narrower sense, atheism is specifically the position that there are no deities...
, objected to the religious classes, stating that her son James was ostracized for not attending them. After complaints to school officials to stop offering these classes went unheeded, McCollum sued the school board in July 1945, stating that the religious instruction in the public schools violated the Establishment Clause of the First Amendment
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
—the principle of separation of church and state in the United States
Separation of church and state in the United States
The phrase "separation of church and state" , attributed to Thomas Jefferson and others, and since quoted by the Supreme Court of the United States, expresses an understanding of the intent and function of the Establishment Clause of the First Amendment to the Constitution of the United States...
. McCollum also complained that the school district's religious education classes violated the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. The principal elements of the McCollum complaint were that:
- In actual practice certain Protestant groups exercised an advantage over other Protestant denominations.
- The school district's calling the classes "voluntary" was in name only because school officials coerced or forced students' participation.
- The power exercised by the Champaign Council on Religious Education in its selection of instructors, and the school superintendent's oversight of these instructors served to determine which religious faiths participated in the instructional program, and constituted a prior censorship of religion.
In her suit, McCollum asked that the Board of Education be ordered to "adopt and enforce rules and regulations prohibiting all instruction in and teaching of all religious education in all public schools in Champaign District Number 71, and in all public school houses and buildings in said district when occupied by public schools".
The Circuit Court of Champaign County
Champaign County, Illinois
Champaign County is a county located in the U.S. state of Illinois. According to the 2010 census, it has a population of 201,081, which is an increase of 11.9% from 179,669 in 2000.. It is the 10th most populous county in Illinois...
ruled in favor of the school district in January 1946, and upon appeal the Illinois Supreme Court affirmed the lower court's ruling.
Decision of the Court
McCollum appealed the case to the U. S. Supreme Court, which agreed to hear the case, taking oral arguments in December 1947. A number of religious groups including the American Unitarian Association, the Synagogue Council of America, the General Conference of Seventh-day Adventists and the Baptist Joint Committee of Religious Liberty filed briefs in support of McCollum’s position.On March 8, 1948, the Court ruled 8-1 in favor of McCollum, ruling that the classes were unconstitutional.
In the majority opinion, written by Justice Hugo Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, the Court held that
Dissent
The lone dissenting justice, Stanley Forman ReedStanley Forman Reed
Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He was the last Supreme Court Justice who did not graduate from law school Stanley Forman Reed (December 31,...
, objected to the breadth of the majority's interpretation of the Establishment Clause and stated that an incidental support of religion should have been permissible with a more narrow reading of the First Amendment.
Subsequent developments
The Supreme Court's ruling remanded the case to the Illinois high court for relief consistent with the federal ruling.The high court revisited the issue of religious instruction in Zorach v. Clauson
Zorach v. Clauson
Zorach v. Clauson, 343 U.S. 306 , was a case in which the Supreme Court of the United States considered a New York law that permitted schools to allow some students to leave school during school hours for purposes of religious instruction or practice while requiring others to stay in school...
in 1952. The 6 to 3 ruling in the later case held that a New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
program allowing religious education during the school day was permissible, because it did not use public school facilities or public funds.
See also
- Separation of church and stateSeparation of church and stateThe concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
- Released timeReleased TimeReleased Time is a concept used in the United States public school system wherein pupils enrolled in the public schools are permitted by law to receive religious instruction...
- Zorach v. ClausonZorach v. ClausonZorach v. Clauson, 343 U.S. 306 , was a case in which the Supreme Court of the United States considered a New York law that permitted schools to allow some students to leave school during school hours for purposes of religious instruction or practice while requiring others to stay in school...
- List of United States Supreme Court cases, volume 333
External links
- TIME article on McCollum v. Board of Education case in circuit court, dated September 24, 1945
- TIME article on Illinois Supreme Court's ruling against McCollum, dated February 10, 1947
- TIME article on oral arguments before U.S. Supreme Court, dated December 22, 1947
- TIME article on U.S. Supreme Court ruling in favor of McCollum, dated March 22, 1948
- TIME article on theologists' views of ruling in McCollum case, dated July 19, 1948
- TIME article on Catholic bishops' denunciation of Supreme Court ruling, dated November 29, 1948