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McCollum v. Board of Education (docket #: 90) (1948)  [Findlaw]

Argument Date 12/08/1947
Decided 03/08/1948
Supreme Court Vote 8-1
Supreme Court Ruling Establishment Clause claim upheld; the state’s tax supported public school buildings used for the dissemination of religious doctrine is not separation of Church and State.
 
IssueWhether the Champaign Board of Education allowance of religious teachers to substitute their religious teaching for secular education once a week for thirty minutes violates the Establishment Clause of the First Amendment.
Majority Opinion Black J.
Concurring Opinion Frankfurter, J. (joined by Jackson, Rutledge and Burton, JJ.), & Jackson, J.
Dissenting Opinion Reed, J.
Lower Court Illinois Supreme Court
Lower Court Ruling Establishment clause claim denied.
Lawyers
For Petitioner
Walter F. Dodd

For Respondent
Owen Rall and John L. Franklin

Opinion - Lower Court
People ex rel. McCollum v. Board of Education of School Dist. No. 71, 71 N.E.2d 161, (Ill., 1947)
News
"3 Faiths File Brief for Released Time; Coordination Group Defends State Law Attacked by Freethinkers Society, Compulsion Lack Cited, Freedom for Religious Training Outside Schools Upheld in Supreme Court Plea," New York times, Jun. 17, 1948, pg. 27
"Asks Dismissal of Suit to Halt Religion Study; Motion Attacks Right to Bring Action," Chicago Daily Tribune, Jun. 19, 1945, pg. 14
"Backs Religious Teaching; Board Fights Suit to Bar It in Schools at Champaign, Ill.," New York Times, Aug. 11, 1945, pg. 11
"Ban on Religion Class in Public Schools Asked; U. of I. Calls It ‘Disease,’" Chicago Daily Tribune, Jun. 13, 1945, pg. 6
"Ban Religious Classes; Circuit Court Makes Final the McCollum Victory in Illinois," New York Times, Sep. 27, 1948, pg. 25
"Board Planning Reply in Suit On Religious Issue," Chicago Daily Tribune, Jun. 18, 1945, pg. 15
"Church & School," The Chicago Defender, Jul. 3, 1954, pg. 7
"Court Religious Ban Held Not to Affect City Schools; City Schools Weigh High Court Ruling," New York Times, Mar. 10, 1948, pg. 1
"Defend Study of Religion in Schools," Chicago Daily Tribune, Dec. 15, 1947, pg. 41
"Excerpts From Administration on Brief on Aid to Private Schools," New York Times, Mar. 29, 1961, pg. 22
"Majority Opinion and Dissent Excerpts in Released-Time Case," New York Times, Apr. 29, 1952, pg. 22
"Mrs. Meyer Decries Free School Time; Warns Institutions Not to Be Battleground in Bitter Religious Dispute," New York Times, Dec. 5, 1948, pg. 59
"New Religious Courses Set In Arlington," The Washington Post, Aug. 29, 1949, sect. B, pg. 1
"Order Hearing On Suit to Ban Religion Class," Chicago Daily Tribune, Jul. 6, 1945, pg. 6
"Religion in Schools is Held Democratic," New York Times, Dec. 13, 1947, pg. 17
"Religion in Schools Tested on Legality," New York Times, Dec. 9, 1947, pg. 31
"Religious Classes Made Wide Issue; School Released Time Will Be Debated in New York and Other States This Month," New York Times, Apr. 3, 1949, pg. 38
"Religious Program Brings School Suit; Two Brooklyn Parents Start Action to End the Released-Time Procedure in City, High Court Ruling Noted, Case Here is Similar to the One Champaign, Ill., That Resulted in Ban," New York Times, Jul. 28, 1948, pg. 25
"School Board Gets Order in Religious Ban," Chicago Daily Tribune, Sep. 26, 1948, pg. 1
"Schools May Ignore Protest About Class," The Washington Post, Jan. 1, 1949, sect. B, pg. 5
"Seeks to Delay Hearing to Ban Religion Class," Chicago Daily Tribune, Jul. 29, 1945, sect. A, pg. 6
"Stop Religious Teaching Here, Suit Demands," Chicago Daily Tribune, Oct. 27, 1945, pg. 3
"Trial to Stop Bible Class in School Opens," The Washington Post, Sep. 11, 1945, pg. 3
"U.S. and State Laws Involved in Religion Suit; Similar Issue Has Been Before High Court," Chicago Daily Tribune, Sep. 13, 1945, pg. 17
"Unitarians Support Suit; Will Offer a Brief to U.S. Court on Religious Teaching Issue," New York Times, Nov. 26, 1947, pg. 25
Gentry, Guy, "Boy, 10, Tells of ‘Teasing’ for Not Taking Bible Study," Chicago Daily Tribune, Sep. 12, 1945, pg. 1
Krock, Arthur, "In the Nation; A Primer of Church-State School Aid Issue," New York Times, Dec. 29, 1961, pg. 22
Marder, Murrey, "Catholics Hit Church-State View of Court; Bishops Challenge Justices’ Opinions on Separation Wall As ‘Entirely Novel’ Church-State Opinion Hit," The Washington Post, Nov. 21, 1948, sect. M, pg. 1
Marder, Murrey, "Mrs. McCollum ‘Neutral’ on Theologies," The Washington Post, Jan. 14, 1949, pg. 3
Morrison, James L., "The Challenge to the Court," The Washington Post and Times Herald, Mar. 24, 1961, pg. 22
Spurlock, Clark, "High Court And Schools; Education and the Supreme Court," The Washington Post and Times Herald, Mar. 4, 1956, sect. E, pg. 7
Stokes, Dillard, "Supreme Court Urged to Ban Public School Bible Classes," The Washington Post, Dec. 9, 1947, pg. 1
Stokes, Dillard, "Supreme Court Votes 8 to 1 To Ban Religious Classes In Nation’s Public Schools; Religious Classes Banned by Court," The Washington Post, Mar. 9, 1948, pg. 1
Other
Nowak, John E. & Rotunda, Ronald D., PRINCIPLES OF CONSTITUTIONAL LAW (2ND ED., 2005), sect.17.5
Witte, John, Jr., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 166-167
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