Building on the Establishment Clause: Government Conduit Financing of Construction Projects at Religiously Affiliated Schools in Johnson v. Economic Development Corp.
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Authors
Winders, Richard D.
Issue Date
2002
Volume
35
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|In 1947, the United States Supreme Court in Everson v. Board of Education defined the First Amendment's restrictions on governmental aid to religiously affiliated schools. The restrictions included a bar against government use of tax-raised funds to support religious institutions or activities. The Court determined constitutional, however, a New Jersey statute that granted a township authority to reimburse parents the costs of transporting school children to parochial schools on public buses. Over fifty years later, in Johnson v. Economic Development Corp., the United States Court of Appeals for the Sixth Circuit dealt with similar issues to those before the Everson Court. In Johnson, the Sixth Circuit addressed whether a state-created economic development corporation's issuance of tax-exempt revenue bonds to finance the construction of a building addition and other improvements at a religiously affiliated school violated the Establishment Clause. Based on the United States Supreme Court's Establishment Clause precedent, the Sixth Circuit purported to determine no constitutional violation....
Description
Citation
35 Creighton L. Rev. 1151 (2001-2002)
Publisher
Creighton University School of Law