Guy Mitchell, et al. v. Mary L. Helms, et al. (530 U.S. 793)

U.S. Supreme Court · decided June 28, 2000 · Supreme Court Database (Spaeth)

Citation
530 U.S. 793 · 120 S. Ct. 2530
Decided
June 28, 2000
Term
October Term 1999
Vote
6–3
Majority author
Justice Thomas
Issue area
First Amendment
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Justice Thomas announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice Scalia, and Justice Kennedy join. As part of a longstanding school-aid program known as Chapter 2, the Federal Government distributes funds to state and local governmental agencies, which in turn lend educational materials and equipment to public and private schools, with the enrollment of each participating school determining the amount of aid that it receives. The question is whether Chapter 2, as applied in Jefferson Parish, Louisiana, is a law respecting an establishment of religion, because many of the private schools receiving Chapter 2 aid in that parish are religiously affiliated. We hold that Chapter 2 is not such a law. I A Chapter 2 of the Education Consolidation and Improvement Act of 1981, Pub. L. 97-35, 95 Stat. 469, as amended, 20 TJ. S. C. §§ 7301-7373, has its origins in the Elementary and Secondary Education Act of 1965 (ESEA), Pub. L. 89-10, 79 Stat. 55, and is a close cousin of the provision of the ESEA that we recently considered in Agostini v. Felton, 521 U. S. 203 (1997). Like the provision at issue in Agostini, Chapter 2 channels federal funds to local educational agencies (LEA’s), which are usually public school districts, via state educational agencies (SEA’s), to implement programs to assist children in elementary and secondary schools.…

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