By the mid-19th century, however, the great "Schools Question" was tearing at the national social
fabric. Now, at the close of the 20th century, the nation is still struggling with the essence of
that question: To what extent may, or should, the government provide aid to religious schools or
their students? In the early years of the United States, direct government subsidies for private
schools, which were virtually all religious in character, were not uncommon. St. Peter's Roman
Catholic Parish in New York City began receiving money from the state school fund in 1806,
according
to Between Church and State: Religion and Education in a Multicultural America, a new book
by
historian James W. Fraser. But funding for denominational schools was cut off by the 1820s as the
Protestant-dominated Public School Society gained control over the city's public schools.
By the
1870s, though, as their church's influence grew, Catholics were successful in removing Bible
reading--usually from the King James version--from the public schools in some cities. Moreover, the
New York Archdiocese was receiving public funds again--$700,000 in 1871, according to Steven K.
Green, the legal director of Americans United for Separation of Church and State.
'Not One
Dollar'
Protestant determination strengthened. In 1875, in what was largely an appeal for
the Protestant Republican vote as he eyed a bid for a third term, President Ulysses S. Grant gave a
famous speech in which he resolved that "not one dollar ... shall be appropriated to the support of
any sectarian schools."
Another Republican who planned to seek the 1876 presidential nomination,
Rep. James G. Blaine of Maine, proposed a constitutional amendment that would prohibit the states
from allowing public money to "ever be under the control of any religious sect." The Blaine
Amendment fell short in Congress in 1876.
"The movement it propelled, however, would prove to be
largely successful," says Joseph P. Viteritti, a professor at New York University who has written
frequently about public aid to religious schools.
While Congress didn't muster enough support to
amend the U.S. Constitution, it insisted for the next several decades that states entering the
Union
prohibit public aid to religious schools. Several older states also adopted such provisions, and by
1917, 29 states had Blaine-like language in their constitutions.
"It is one of the great ironies
of American constitutional history that the Blaine Amendment, which erupted out of a spirit of
religious bigotry and a politics that sought to promote Protestantism in public schools, eventually
became an emblem of religious freedom in some states," Viteritti writes.
For example, the
federal
enabling act that made Arizona a state required a Blaine-like provision in its constitution, and
the
state's 1910 constitutional convention obliged. Only this year, members of the Arizona Supreme
Court
vigorously debated the reach of the state constitution's prohibition against public support of
religious schools. The court voted 3-2 to uphold a state tax credit for donations to private school
scholarship funds that offer tuition aid for religious schools. The U.S. Supreme Court this month
declined to hear an appeal of that decision.
The great question of public funding for religious
schools was quelled somewhat after the defeat of the federal Blaine Amendment. One liberal Catholic
prelate, Archbishop John Ireland of St. Paul, Minn., promoted a plan that would have moved Catholic
schools and public schools closer together.
Under the so-called Poughkeepsie plan, public school
authorities would rent Catholic schools and pay staff salaries for teaching only secular subjects
during the regular school day. Religious instruction would be pushed to after-school hours. The
archbishop's proposal engendered considerable opposition from conservative Catholics, who, by that
time, wanted little to do with the public schools. And only a handful of public school boards,
dominated by Protestants, in such cities as Poughkeepsie, N.Y., and Florissant, Mo., were willing
to
go along with it.
Child-Benefit Theory
In the 1920s, the Supreme Court--in
Meyer v. Nebraska and Pierce v. Society of Sisters--struck down state
laws that were anathema to religious schools, whether by restricting language instruction or
seeking
to force all children into the public system.
A few years later, in 1930, the high court first
enunciated the "child benefit" theory of public aid for religious schools in the somewhat obscure
case of Cochran v. Board of Education. In Cochran, the court rejected a
challenge to a Louisiana law that made textbooks available to children in both public and parochial
schools.
The true recipients of the aid were the children, the court reasoned, and it was
students and the state that benefited from the appropriation.
States and school districts where
Catholics exercised considerable political influence soon began to experiment with new forms of
indirect aid. In New Jersey, a state law that allowed districts to pay the transportation costs of
all pupils, including those in religious schools, led to the 1947 Supreme Court decision in
Everson v. Board of Education. The court upheld the law, but its 5-4 decision came in
a series of complex opinions. "The court's signal to the nation was less than clear" about what
forms of aid to religious schools might be permissible under the Constitution, historian Fraser
says.
Many Catholics had high hopes that with the election of John F. Kennedy as president in
1960, the federal government might get involved in aiding parochial schools. But early in his quest
for the presidency, the Catholic candidate had to dispel fears that he would promote a religious
agenda if he became the first of his faith to win the White House.
"There can be no question of
federal funds being used for support of parochial or private schools," Kennedy told Look
magazine in 1959.
When Kennedy proposed a package of federal education legislation, private
schools were left out. It was his successor, Lyndon B. Johnson, who deftly brought together public
school groups and religious school leaders in support of the Elementary and Secondary Education Act
of 1965, which guaranteed remedial aid for poor children regardless of the school they attended.
Beginning in the late 1960s and continuing into the '70s, a wave of cases dealing with various
state plans for aiding religious schools came before the Supreme Court.
The loan of textbooks
was--again--upheld. But salary supplements for parochial school teachers, state aid for repairing
religious school facilities, tuition reimbursement for private school parents, and the provision of
nontextbook instructional materials were among the forms of aid struck down.
In 1985, the court
also barred public school teachers from providing federally funded remedial classes on the premises
of religious schools. That decision would be reversed a dozen years later by a more conservative
court.
Tax Credits and Vouchers
Beginning in 1983 with the Supreme Court's decision
upholding a tuition tax credit for all parents, including those who sent their children to
religious
schools, the tide began to shift.
The idea of private-school-tuition vouchers as a market force
that might improve public education began with the economist Milton Friedman in the '50s. But in
many towns in Maine and Vermont, an early, small-scale version of vouchers called "tuitioning" had
been in use for more than a century.
Vermont's tuitioning program, in which towns without high
schools paid the private school tuition of their residents, even covered religious schools until
1961, when the state supreme court limited it to secular private schools.
Much larger voucher
experiments in Cleveland, Milwaukee, and, most recently, Florida have sparked the latest strife
over
aid to religious schools. Proponents argue that vouchers that give parents the freedom to choose
where to send their children do not have a primary purpose of aiding religious schools. Opponents
contend that the money still ends up in the religious school coffers--thus violating the First
Amendment ban on a government establishment of religion--and that vouchers will undermine the
public
school system.
Though the Supreme Court let stand a ruling that upheld the Milwaukee voucher
plan, the justices have yet to weigh in definitively on such programs. Most observers believe the
court will take up the issue within the next few years.
Meanwhile, the court in its 1999-2000
term will hear a major case from Louisiana concerning a federal program that provides computers and
other technological forms of aid to religious schools. The court has been swamped with briefs,
including some that mention the 19th-century war over school aid in New York City, the Blaine
Amendment, and the high court's long history of cases addressing different forms of aid.
The
nation has not yet resolved the great Schools Question.