Illinois Ex Rel. McCollum v. Board of Ed. of School Dist. No. 71, Champaign Cty. (1948)
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No. 71, Champaign County, 333 U. S. 203, 209-210 (1948) (release time program invalid where students were "released in part from their legal duty [to attend school] upon the condition that they attend the religious classes").
release time program invalid where students were "released in part from their legal duty [to attend school] upon the condition that they attend the religious classes"
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Mitchell v. Helms (2000)
McCollum v. Board of Ed. of School Dish No. 71, Champaign Cty., 333 U. S. 203, 228 (1948). “[Government and religion have discrete interests which are mutually best served when each avoids too close a proximity to the other.
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Carson v. Makin (2022)
No. 71, Champaign Cty., 333 U. S. 203, 211 (1948).
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Zelman v. Simmons-Harris (2002)
No. 71, Champaign Cty., 333 U. S. 203, 237-238 (1948) (Jackson, J., concurring) (noting that the Constitution does not tell judges “where the secular ends and the sectarian begins in education”).
Jackson, J., concurring
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Zobrest v. Catalina Foothills School District (1993)
No. 71, Champaign Cty., 333 U. S. 203, 212 (1948).
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Lee v. Weisman (1992)
No. 71, Champaign Cty., 333 U. S. 203, 212 (1948) ("[T]he First Amendment rests upon the premise that both religion and government can best work to achieve their lofty aims if each is left free from the other within its respective sphere"). [9] "[T]he Establishment Clause is infringed when the government makes adherence to religion relevant to a person's standing in the political community.
"[T]he First Amendment rests upon the premise that both religion and government can best work to achieve their lofty aims if each is left free from the other within its respective sphere"
No. 71, Champaign County, 333 U. S. 203, 211-212 (1948).
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Edwards v. Aguillard (1987)
McCollum v. Board of Education, 333 U. S. 203, 231 (1948) (opinion of Frankfurter, J.).
opinion of Frankfurter, J.
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Kennedy v. Bremerton School Dist. (2022)
No. 71, Champaign Cty., 333 U. S. 203, 211 (1948).
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Kennedy v. Bremerton School Dist. (2022)
No. 71, Champaign Cty., 333 U. S. 203, 211 (1948).
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Espinoza v. Montana Dept. of Revenue (2020)
No. 71, Champaign Cty., 333 U. S. 203, 231 (1948) (Frankfur- ter, J., concurring).
Frankfur- ter, J., concurring
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Good News Club v. Milford Central School (2001)
No. 71, Champaign Cty., 333 U.S. 203, 231 (1948) (Frankfurter, J., concurring) ("In no activity of the State is it more vital to keep out divisive forces than in its schools ..."). 70 This case is undoubtedly close.
Frankfurter, J., concurring
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Jane Doe v. Beaumont Independent School District (1999)
No. 71, Champaign County, Ill., 333 U.S. 203, 205 , 68 S.Ct. 461, 462 , 92 L.Ed. 649, 655-56 (1948), concerned the permissibility of providing religious instruction on public school premises during regular hours.
No. 71, Champaign County, Ill., 333 U.S. 203, 205 , 68 S.Ct. 461, 462 , 92 L.Ed. 649, 655-56 (1948), concerned the permissibility of providing religious instruction on public school premises during regular hours.
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Nathan v. Alamo Heights ISD (2026)
McCollum v. Bd. of Educ., 333 U.S. 203, 231 (1948)).
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Conestoga Wood Specialties Corp. v. Secretary of the United States Department of Health & Human Services (2013)
No. 71, 333 U.S. 203, 212 (1948) (“[T]he First Amendment rests upon the premise that both religion and government can best work to achieve their lofty aims if each is left free from the other within its respective sphere.”).
“[T]he First Amendment rests upon the premise that both religion and government can best work to achieve their lofty aims if each is left free from the other within its respective sphere.”
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The American Civil Liberties Union Of New Jersey v. Black Horse Pike Regional Board Of Education (1996)
McCollum v. Board of Educ., 333 U.S. 203, 212 , 68 S.Ct. 461, 466 , 92 L.Ed. 649 (1948) ("[A]s we said in the Everson case, the First Amendment has erected a wall between Church and State which must be kept high and impregnable."); id. at 231 , 68 S.Ct. at 474 (Frankfurter, J., concurring) ("Separation means separation, not something less.
"[A]s we said in the Everson case, the First Amendment has erected a wall between Church and State which must be kept high and impregnable."
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Doe v. Porter (2004)
McCollum v. Bd. of Educ., 333 U.S. 203, 209-10 , 68 S.Ct. 461 , 92 L.Ed. 649 (1948) (“[T]he use of tax-supported property for religious instruction and the close cooperation between the school authorities and the religious council in promoting religious education ... falls squarely under the ban of the First Amendment.”); Doe v. Human, 725 F.Supp. 1503, 1504-1506, 1508 (W.D.Ark.1989) (relying on McCol-lum to invalidate a program in which Catholic, Jewish and Protestant instr…
“[T]he use of tax-supported property for religious instruction and the close cooperation between the school authorities and the religious council in promoting religious education ... falls squarely under the ban of the First Amendment.”
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Doe v. Porter (2004)
McCollum v. Bd. of Educ., 333 U.S. 203, 209-10 , 68 S.Ct. 461 , 92 L.Ed. 649 (1948) ("[T]he use of tax-supported property for religious instruction and the close cooperation between the school authorities and the religious council in promoting religious education ... falls squarely under the ban of the First Amendment."); Doe v. Human, 725 F.Supp. 1503, 1504-1506, 1508 (W.D.Ark.1989) (relying on McCollum to invalidate a program in which Catholic, Jewish and Protestant instru…
"[T]he use of tax-supported property for religious instruction and the close cooperation between the school authorities and the religious council in promoting religious education ... falls squarely under the ban of the First Amendment."
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Bauchman v. West High School (1997)
McCollum v. Board of Education, 333 U.S. 203, 231 (1948) (Frankfurter, J., concurring). 2 For an excellent discussion of this unique history see Society of Separationists, Inc. v. Whitehead, 870 P.2d 916 (Utah 1993) (Utah Supreme Court upheld Salt Lake City Council’s practice of permitting prayer during opening portion of council meetings). -4- A. SUMMARY OF FACTS AND ALLEGATIONS Rachel Bauchman was a sophomore at Salt Lake City's West High School during the 1994-95 school y…
Utah Supreme Court upheld Salt Lake City Council’s practice of permitting prayer during opening portion of council meetings
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Libby Hilsenrath v. School District of the Chathams (2025)
But even assuming the Establishment Clause requires equal treatment in primary and secondary 69 333 U.S. 203, 231 (1948). 70 374 U.S. at 223 . 71 505 U.S. at 582 (citation omitted). 72 530 U.S. at 306 (citation omitted). 73 App. 460–61. 74 Kennedy, 597 U.S. at 537 . 17 school curricula,75 the record does not show favoritism here.
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KEVIN CHEN V. ALBANY UNIFIED SCHOOL DISTRICT (2022)
No. 71, Champaign Cnty., Ill., 333 U.S. 203, 237 (1948) (Jackson, J., concurring).
Jackson, J., concurring
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John Doe v. Elmbrook School Dist (2012)
No. 71, Champaign Cnty., 333 U.S. 203, 211-12 (1948) (religious instruction in public schools held unconstitutional).
religious instruction in public schools held unconstitutional
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John Doe v. Elmbrook School Dist (2012)
No. 71, Champaign Cnty., 333 U.S. 203, 211-12 (1948) (religious instruction in public schools held unconstitutional).
religious instruction in public schools held unconstitutional
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Morgan v. Swanson (2011)
See McCollum v. Bd. of Educ., 333 U.S. 203, 211-12 (1948) (“hostility to religion [and] religious teachings” is “at war with our national tradition as embodied in the First Amendment’s guaranty of the free exercise of religion”); cf. Michael W.
“hostility to religion [and] religious teachings” is “at war with our national tradition as embodied in the First Amendment’s guaranty of the free exercise of religion”
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Morgan v. Swanson (2011)
See McCollum v. Bd. of Educ., 333 U.S. 203, 211-12 (1948) (“hostility to religion [and] religious teachings” is “at war with our national tradition as embodied in the First Amendment’s guaranty of the free exercise of religion”); cf. Michael W.
“hostility to religion [and] religious teachings” is “at war with our national tradition as embodied in the First Amendment’s guaranty of the free exercise of religion”
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Morgan v. Swanson (2011)
See McCollum v. Bd. of Educ., 333 U.S. 203, 211-12 (1948) (“hostility to religion [and] religious teachings” is “at war with our national tradition as embodied in the First Amendment’s guaranty of the free exercise of religion”); cf. Michael W.
“hostility to religion [and] religious teachings” is “at war with our national tradition as embodied in the First Amendment’s guaranty of the free exercise of religion”
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Aclu Nebraska Foundation John Doe v. City of Plattsmouth, Nebraska, State of Nebraska, Amicus on Behalf of Am… (2004)
Dist. of Abington, 374 U.S. at 225, 300, 306 ; McCollum v. Bd. of Educ., 333 U.S. 203, 236 (1948) (Jackson, J., concurring) ("One can hardly respect a system of education that would leave the student wholly ignorant of the currents of religious thought."); Books, 235 F.3d at 302 ("The display of a religious symbol still may, under certain circumstances, have a secular purpose.").
Jackson, J., concurring
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ACLU Nebraska Foundation v. City of Plattsmouth (2004)
Dist. of Abington, 374 U.S. at 225, 300, 306 ; McCollum v. Bd. of Educ., 333 U.S. 203, 236 (1948) (Jackson, J., concurring) (“One can hardly respect a system of education that would leave the student wholly ignorant of the currents of religious thought.”); Books, 235 F.3d at 302 (“The display of a religious symbol still may, under certain circumstances, have a secular purpose.”).
Jackson, J., concurring
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Patricia E. Gentala and Robert A. Gentala,plaintiffs-Appellantscross-Appellees v. The City of Tucson,defendan… (2001)
McCollum v. Board of Educ., 333 U.S. 203, 238 (1948) (Jackson, J., concurring).
Jackson, J., concurring
McCollum v. Board of Educ., 333 U.S. 203, 206 (1948). 12 See Bender v. Williamsport Area Sch.
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EEOC v. Roman Catholic Dio (2000)
McCollum v. Board of Educ., 333 U.S. 203, 236 (1948) (Jackson, J., concurring).
Jackson, J., concurring
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Chandler v. Siegleman (1999)
In any event, the “wall” concept has been acknowledged by the Court itself, with what Justice Rehnquist characterized as “embarrassing candor,” as merely a “blurred, indistinct, and variable barrier,” which “is not wholly accurate” and can only be “dimly perceived.” Id. at 107 (quoting Lemon v. Kurtzman, 403 U.S. 602, 614 (1971)). 17 the ‘callous indifference’ we have said was never intended by the Establishment Clause,” and “would bring us into ‘war with our national tradit…
McCollum v. Board of Educ., 333 U.S. 203, 212 , 68 S.Ct. 461, 466 , 92 L.Ed. 649 (1948) ("[A]s we said in the Everson case, the First Amendment has erected a wall between Church and State which must be kept high and impregnable.”); id. at 231 , 68 S.Ct. at 474 (Frankfurter, J., concurring) ("Separation means separation, not something less.
Frankfurter, J., concurring
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Douglas T. Smith v. Board of School Commissioners of Mobile County, Alabama State Board of Education, Its Mem… (1987)
Thus, the district court states that, while the state may teach certain moral values, it cannot advance any reason for those values unless "the possible different reasons [are] explained evenhandedly," Smith, 655 F.Supp. at 987 , and finds that history may not be taught constitutionally in the schools unless the textbooks contain more references to the place of religion in history. 32 "Separation is a requirement to abstain from fusing functions of Government and religious s…
Frankfurter, J., concurring
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Smith v. Board of School Commissioners (1987)
“Separation is a requirement to abstain from fusing functions of Government and religious sects, not merely to treat them all equally.” McCollum, 333 U.S. at 227 , 68 S.Ct. at 473 (Frankfurter, J., concurring), quoted in Abington, 374 U.S. at 219 , 83 S.Ct. at 1570 .
Frankfurter, J., concurring
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Hilo Bay Marina, LLC v. State. Concurring Opinion of the Court by Eddins, J., with Whom McKenna and Devens, J… (2025)
Id. at 205-06.
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Ran-Dav's County Kosher, Inc. v. State (1992)
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Sands v. Morongo Unified School District (1991)
The public school is “[d]esigned to serve as perhaps the most powerful agency for promoting cohesion among a heterogeneous democratic people . . . .” (McCollum v. Board of Education (1948) 333 U.S. 203, 216 [ 92 L.Ed. 649, 661 , 68 S.Ct. 461 , 2 A.L.R.2d 1338 ] (conc. opn. of Frankfurter, J.).) In other words, “ ‘[t]he public school is at once the symbol of our democracy and the most pervasive means of promoting our common destiny.
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People v. James D. (1987)
Courts have long recognized the importance of education to both the individual and to society (see, e.g., Plyler v. Doe (1982) 457 U.S. 202, 221-222 [ 72 L.Ed.2d 786 , 102 S.Ct. 2382 ]; McCollum v. Board of Education (1948) 333 U.S. 203, 231 [ 92 L.Ed. 649, 661 , 68 S.Ct. 461 , 2 A.L.R.2d 1338 ] (Frankfurter, J., conc.)), and defendant does not question the propriety of the compulsory education laws (which, as noted, cover persons aged six to eighteen ) as a legitimate means…
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Carter v. Broadlawns Medical Center (1987)
See, e.g., Zorach v. Clauson, 343 U.S. 306, 314 [ 72 S.Ct. 679, 684 , 96 L.Ed. 954 ] (1952); McCollum v. Board of Education, 333 U.S. 203, 211 [ 68 S.Ct. 461, 465 , 92 L.Ed. 649 ] (1948).
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BRYANT v. POTTSGROVE SCHOOL DISTRICT (2025)
McCollum v. Bd. of Educ., 333 U.S. 203, 206 (1948); see also Donovan ex rel.
“We do note that parents independently have standing to bring constitutional challenges to the conditions in their children’s schools.”
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Roe v. East Baton Rouge Parish School Board (2024)
McCollum v. Bd. of Educ., 333 U.S. 203, 206 (1948)). 142 Larson v. Valente, 456 U.S. 228, 244 (1982).
No. 71, 333 U.S. 203, 235 , 68 S.Ct. 461, 477 , 92 L.Ed. 649, 671 (1948) (Jackson, J. concurring), “If we are to eliminate everything that is objectionable to any [individual] ... we will leave public education in shreds.
Jackson, J. concurring
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Herdahl v. Pontotoc County School District (1996)
McCollum, 333 U.S. at 209-10 ,, 68 S.Ct. at 464 (emphasis added).
emphasis added
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Clever v. Cherry Hill Township Bd. of Education (1993)
Lynch, 465 U.S. at 673 , 104 S.Ct. at 1359 (citing Zorach v. Clauson, 343 U.S. 306, 314-15 , 72 S.Ct. 679, 684 , 96 L.Ed. 954 (1952)); McCollum, 333 U.S. at 211, 68 S.Ct. at 465 .
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Okrand v. City of Los Angeles (1989)
McCollum v. Board of Education, 333 U.S. 203, 211 (1948).
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Bennett v. Livermore Unified School District (1987)
McCollum, v. Board of Education, 333 U.S. 203, 231 (1948) (opinion of Frankfurter, J.).” (Edwards v. Aguillard, supra, 482 U.S. 578 at p. _ [96 L.Ed.2d at p. 519].) And, noting that in Marsh v. Chambers it had distinguished “Between adults not susceptible to ‘religious indoctrination’ and children subject to *1024 ‘peer pressure,’ ” the court reiterated its holding in Board of Education v. Barnette, supra, 319 U.S. at p. 637 [ 87 L.Ed. at p. 1637 ]: “That [Boards of Educatio…
opinion of Frankfurter, J.
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Cooper v. Eugene School District No. 4J (1986)
Story, Commentaries on the Constitution of the United States 594, § 1877 (1851). 16 Abington School Dist. v. Schempp, 374 US 203 , 83 S Ct 1560 , 10 L Ed 2d 844 (1963); Engel v. Vitale, 370 US 421 , 82 S Ct 1261 , 8 L Ed 2d 601 (1962); McCollum v. Bd. of Ed., 333 US 203 , 68 S Ct 461 , 92 L Ed 649 (1948). 17 See Wisconsin v. Yoder, 406 US 205 , 92 S Ct 1526 , 32 L Ed 2d 15 (1972)(compulsory high school attendance); West Virginia Bd. of Ed. v. Barnette, 319 US 624 , 63 S Ct 1…
Frankfurter, J., concurring