The Importance Of The Establishment Of Religion Clause

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Whether or not reimbursing parents for their child’s transportation to and from schools violates the Establishment of Religion Clause is the question debated by many scholars and parents of today. The Establishment of Religion Clause is being used by parties against the reimbursement of transportation. These parties state many reasons as to why the parents of students who attend religiously affiliated schools should not be reimbursed. However, there are people who have formulated many reasons as to why these parents should be reimbursed for their transportations. The public at large has varying responses to this highly debated topic involving the Establishment of Religion Clause. The Establishment of Religion Clause was first stated in the First Amendment of the United State Constitution. The Establishment of Religion Clause was brought into effect when Thomas Jefferson and James Maddison led a fight against the Virginia’s legislative body’s attempt to renew Virginia’s tax levy for the support of the established church. Maddison argued that true religion did not need the support of law, that no person, believer or non-believer, should be taxed to support a religious institution of any kind when he wrote Memorial and Remonstrance against the law. In this piece of work written by James Maddison he continues to express his opinion that the best interest of society required that minds of men always be wholly free; and that cruel persecutions were the inevitable result of government-established religions. The First Amendment of the United States Constitution proclaims that there is to be a separation of church and state. The Establishment of Religion Clause proclaims that neither state nor Federal Government can establish a church.... ... middle of paper ... ...blishment of Religion Clause states that there is a separation between church and state. However, the public considers this to be a matter of education, not religion. Although the Court was unanimous in affirming the principle of “neutrality” by the government toward religion (First Amendment Schools), four Justices did not agree with the majority vote of allowing the funding. The Justices determined that allowing reimbursement to the parents for the bus transportation of their children to parochial schools was a breach of church-state separation. Justice Wiley B. Rutledge defined “no establishment” as the “prohibition broadly forbids state support, financial or other, of religious in any guise, form or degree. It outlaws all use of public funds for religious purposes.” Due to these four Justices disagreement with the overall majority, reimbursement was not given.

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