federal establishment clause in Illinois

2001Defendants challenged the constitutionality of the statute (Falbe, 189 Ill. 2d at 637 , 727 N.E.2d at 203 ) and argued that the statute violated the federal establishment clause and section 3 of article I of the 1970 Constitution (Falbe, 189 Ill. 2d at 645 , 727 N.E.2d at 206 ).

2001Defendants challenged the constitutionality of the statute (Falbe, 189 Ill. 2d at 637 , 727 N.E.2d at 203 ) and argued that the statute violated the federal establishment clause and section 3 of article I of the 1970 Constitution (Falbe, 189 Ill. 2d at 645 , 727 N.E.2d at 206 ).

2001Howlett, 56 Ill. 2d at 3-4 , 305 N.E.2d at 130 .

2001Howlett, 56 Ill. 2d at 3-4 , 305 N.E.2d at 130 .

1999Section 5--5--3.2(a)(11) of the Unified Code provides: "(a) The following factors shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence under Section 5-8-1: * * * (11) the offense took place in a place of worship or on the grounds of a place of worship, immediately prior to, during or immediately following worship services." In People v. Carter ( Carter I ), 228 Ill.

1999Section 5 — 5—3.2(a)(11) of the Unified Code (730 ILCS 5/5 — 5—3.2(a)(11) (West 1996)) provides: “(a) The following factors shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence under Section 5 — 8—1: * * * (11) the offense took place in a place of worship or on the grounds of a place of worship, immediately prior to, during or immediately following worship services.” In People v. Carter (Carter I), 228 Ill.

2026This court began its analysis by reviewing both federal and state authorities that had addressed the validity of legislation authorizing the use of public funds to transport nonpublic schoolchildren, including Everson v. Board of Education of Ewing, 330 U.S. 1 (1947), in which the United States Supreme Court held that the use of state funds to reimburse parents who paid for public transportation to send their children to - 21 - Catholic parochial schools did not violate the federal establishment clause.

2026This court then stated: “It appears that while there is unanimity neither among the courts nor their respective judges, the majority view and the trend of judicial opinion is that transportation at public expense of parochial school students on the same basis as public school students is considered primarily a health-and-safety measure for the benefit of all students, and that any aid to the parochial school, or the church supporting it, is incidental.” (Emphasis added.) Bakalis, 54 Ill. 2d at 460 .