Everson V. Board of Education - Background

Background

After repealing a former ban, a New Jersey law authorized payment by local school boards of the costs of transportation to and from schools - including private schools. Of the private schools that benefited from this policy, 96% were parochial Catholic schools. Arch R. Everson, a taxpayer in Ewing Township, filed a lawsuit alleging that this indirect aid to religion through the mechanism of reimbursing parents and students for costs incurred as a result of attending religious schools violated both the New Jersey state constitution and the First Amendment. After a loss in the New Jersey Court of Errors and Appeals, then the state's highest court, Everson appealed to the U.S. Supreme Court on purely federal constitutional grounds. Arguments were heard on November 20, 1946.

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