Aguilar v. Felton, 473 U.S. 402 (1985), was a United States Supreme Court case holding that New York City's program that sent public school teachers into parochial schools to provide remedial education to disadvantaged children pursuant to Title I of the Elementary and Secondary Education Act of 1965 necessitated an excessive entanglement of church and state and violated the Establishment Clause of the First Amendment to the United States Constitution.[1]
| Aguilar v. Felton | |
|---|---|
 | |
| Argued December 5, 1984 Decided July 1, 1985 | |
| Full case name | Aguilar, et al. v. Felton, et al. |
| Citations | 473 U.S. 402 (more) 105 S. Ct. 3232; 87 L. Ed. 2d 290; 1985 U.S. LEXIS 117 |
| Holding | |
| Title I of the Elementary and Secondary Education Act of 1965 remedial services could not be provided on the premises of a parochial school because doing so violated the First Amendment's Establishment Clause. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Brennan, joined by Marshall, Blackmun, Powell, Stevens |
| Concurrence | Powell |
| Dissent | Burger |
| Dissent | White |
| Dissent | Rehnquist |
| Dissent | O'Connor, joined by Rehnquist (Parts II and III) |
| Laws applied | |
| U.S. Const. amend. I | |
Overruled by | |
| Agostini v. Felton (1997) | |
Aguilar v. Felton was subsequently overruled by Agostini v. Felton, 521 U.S. 203 (1997).
References
edit- ^ Bernstein, Nina (2001). The Lost Children of Wilder: The Epic Struggle to Change Foster Care. New York City: Vintage Books. pp. 358–359. ISBN 978-0-679-75834-1. OCLC 48994782.
Further reading
edit- Pfeffer, Leo (1984). Religion, State and the Burger Court. Buffalo: Prometheus Books. ISBN 0-87975-275-0.
- Young, S. M. (1986). "Lemon Reconstituted: Aguilar v. Felton and Public Aid to Parochial Schools". Northern Kentucky Law Review. 13: 317.
External links
edit- Text of Aguilar v. Felton, 473 U.S. 402 (1985) is available from: CourtListener Findlaw Google Scholar Justia Oyez (oral argument audio)
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