Wednesday, November 9, 2016

Public Funding for Private Education: A Violation of the Establishment Clause?


            In today’s education system, there are many different options for schools that children can attend, including both private and public schools. Among private schools are what to be considered “religious” schools, where students can pay to receive private educations with a focus on the morals and teachings of certain religion. 


            There is currently still a debate as to whether religious schools should be given public funding. Many believe that by providing “Parochiaid”, which is aid for parochial and other non-public elementary and secondary schools, is a violation of the establishment of religion clause. This clause of the first amendment states that, “Congress should make no law respecting an establishment of religion”. This clause has also been interpreted to mean that the government must not favor one religion over another, or favor non-religion over religion and vice versa. In the case of Everson v. Board of Education in 1947, the Supreme Court ruled that the establishment of religion clause prohibited any form of parochiaid.
            Canada differs from the United States, as does not have the principle directly establishing a separation between Church and State. The British North American Act gave “legal protection to the rights of denominational schools” (Thiessen 2). This gave Protestant and Roman Catholic schools in some Canadian regions the right to receive public funding for their schools. This does not follow the US establishment clause, where supporting certain religious schools would be considered the government favoring certain religions over others.
            This government involvement in the “establishment” of a certain religion does not follow from what the Church teaches us. In Gadium et Spes, the Vatican states that, “The Church and the political community in their own fields are autonomous and independent from each other” (GS 76). Therefore, public funding to certain religious schools would be violating the establishment clause and interfere with the teachings of the Church. Some could even say that this “public funding” could lead to certain mandates of the religious schools, thus interfering with the teachings of the Church. While both entities hope to educate the nation's youth in the best manner possible, it would be best if they didn't interfere with the other.
Sources:
https://www.law.cornell.edu/wex/establishment_clause

THIESSEN, ELMER JOHN. “Funding of Religious Schools and the Separation of Church and State.” In Defence of Religious Schools and Colleges, McGill-Queen's University Press, 2001, pp. 99–114, www.jstor.org/stable/j.ctt806p4.10.

3 comments:

  1. As someone who went to private school, I am familiar with this debate. I am from New Orleans, and my high school was flooded in Hurricane Katrina (this was before I attended). The federal government offered grants for school damaged in the disaster - as long as the money did not go towards religious studies. For example, the grants paid for computer labs for the math and English departments, but the computer labs had signs which reminded students that the labs were not to be used for religious classes or classwork. This was slightly inconvenient, but overall I believe it follows the establishment of religion clause. In this situation, the school needed aid, and without that aid because it was a religious school seems worse than providing it.

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  2. I really like your post because it points out that bishops at the second Vatican council had to say about the separation between church and state, and the fact that they were in favor of it, to! I think it's important to remember that just because someone is religious and wants to live their private life in a manner than aligns with Christian values does not mean that they think the government should follow those same values. Even religious organizations promote the separation between church and state, which I think it definitely important to remember when debating the issue.

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  3. I think that your conclusions about this topic are accurate since public funding in religious schools could lead to further involvement of the government in these religious institutions. On the other hand, you stated that the government should not favor non-religion over religion. If the government is only providing funding for non-religious schools, isn't that favoring non-religion over religion? While I agree that they should be kept separate, it is an interesting point to consider.

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