CONSTITUTIONAL PROVISIONS ON PUBLIC AID FOR NONPUBLIC SCHOOLS

ALABAMA

ALASKA

ARIZONA

CALIFORNIA

Education (art. 14). Sec. 263:

"No money raised for the support of the public schools shall be approp-
riated to or used for the support of any sectarian or denominational
school."

Declaration of Rights (art. 1). Sec. 4:

"No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof."

Health, Education and Welfare (art. 7). Sec. 1:

"The legislature shall by general law establish and maintain a system of
public schools open to all children of the state, and may provide for other
public educational institutions. Schools and institutions so established shall
be free from sectarian control. No money shall be paid from public funds
for the direct benefit of any religious or other private educational institution."
Finance and Taxation (art. 9). Sec. 6:

"No tax shall be levied or appropriation of public money made or public
property transferred nor shall the public credit be used except for a public
purpose."

Declaration of Rights (art. 2). Sec. 12:

"Liberty of conscience - Appropriations for religious purposes prohibited. Religious freedom - *** No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment. *

Legislative Department (art. 4). Sec. 30:

"Public aid for sectarian purposes prohibited. Neither the legislature nor any county, city and county, township, school district, or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the State, or any city, city and county, town, or other municipal corporation for any religious creed, church, or sectarian purpose whatever; Provided, That nothing in this section shall prevent the legislature granting aid pursuant to section 22 of this article.

COLORADO

DELAWARE

FLORIDA

GEORGIA

Education (art. 9). Sec. 7:

Neither

"Aid to private schools, churches, sectarian purpose, forbidden.
the general assembly, nor any county, city, town, township, school district
or other public corporation, shall ever make any appropriation, or pay from
any public fund or moneys whatever, anything in aid of any church or
sectarian society, or for any sectarian purpose, or to help support or sustain
any school, academy, seminary, college, university or other literary or
scientific institution, controlled by any church or sectarian denomination
whatsoever; nor shall any grant or donation of land, money or other personal
property, ever be made by the State, or any such public corporation to any
church, or for any sectarian purpose.

Education (art. 10). Sec. 3:

"Use of educational funds by religious schools Exemption of school property
from taxation. - No portion of any fund now existing, or which may here-
after be appropriated, or raised by tax, for educational purposes, shall be
appropriated to, or used by, or in aid of any sectarian, church or
denominational school; Provided, That all real or personal property used
for school purposes, where the tuition is free, shall be exempt from
taxation and assessment for public purposes.

Annotation.

Transportation of pupils. 38 De. Laws, c. 142, secs. 3, 4, appropriating money from general fund for transporation of pupils attending free schools supported by any church or religious society outside city of Wilmington was void as violating this section. State ex. rel. Traub v. Brown, 6 W. W. Harr. 181, 36 Del. 181, 172 A. 835 (1934).

Declaration of Rights. Sec. 6:

"Preference or aid to religious sect prohibited. No preference shall be
given by law to any church, sect or mode of worship and no money
shall ever be taken from the public treasury directly or indirectly in
aid of any church, sect or religious denomination or in aid of any sectarian
institution.

Bill of Rights, Rights of the Citizen (art. 1, ch. 2-1). Sec. 2-114

Paragraph XIV

"Appropriations to churches, sects, etc., forbidden. - No money shall ever
be taken from the public treasury, directly, or indirectly, in aid of any
church, sect, or denomination of religionists, or of any sectarian institution."

Education (art. 9). Sec. 1:

"The state shall provide for the establishment, support and control of a
statewide system of public schools free from sectarian control, a state
university, public libraries and such other educational institutions as may
be deemed desirable, including physical facilities therefor. There shall
be no segregation in public educational institutions because of race, religion
or ancestry; nor shall public funds be appropriated for the support or benefit
of any sectarian or private educational institution."

Education and School Lands (art. 9). sec. 5:

"Sectarian appropriations prohibited. - Neither the legislature nor any
county, city, town, township, school district, or other public corporation,
shall ever make any appropriation, or pay from any public fund or moneys
whatever, anything in aid of any church or sectarian or religious society.
or for any sectarian or religious purpose, or to help support or sustain any
school, academy, seminary, college, university or other literary or scientific
institution, controlled by any church, sectarian or religious denomination
whatsoever; nor shall any grant or donation of land, money or other personal
property ever be made by the State, or any such public corporation, to any
church or for any sectarian or religious purpose."

Education (art. 8). sec. 3:

"Public funds for sectarian purposes forbidden. - Neither the general assembly
nor any county, city, town, township, school district, or other public cor-
poration, shall ever make any appropriation or pay from any public fund what-
ever, anything in aid of any church or sectarian purpose, or to help support
or sustain any school, academy, seminary, college, university, or other
literary or scientific institution, controlled by any church or sectarian denom-
ination whatever; nor shall any grant or donation of land, money or other
personal property ever be made by the State or any such public corporation,
to any church, or for any sectarian purpose."

Bill of Rights (art. 1). Sec. 6:

"No money for religious institutions. No money shall be drawn from the
treasury, for the benefit of any religious or theological institution."

Bill of Rights (art. 1). Sec. 3:

"Freedom of religion. The general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister, or ministry.

Annotation.

The carrying on with public school funds of a public school, in conjunction with, and as a part of, a parochial school,

KANSAS

devoted in part to sectarian teaching, is wholly illegal, and no lapse of time, and no acquiescence of the people therein, will give it validity. Knowlton v. Baumhover, 182 Iowa 691 166 N. W. 202."

Education (art. 6). Sec. 8:

"Nonsectarianism.

No religious sect or sects shall ever control any part of the common school or university funds of the State.

"

LOUISIANA

"School money not to be used for church, sectarian or denominational school. No portion of any fund or tax now existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to, or used by, or in aid of, any church, sectarian or denominational school.

Annotation.

The constitution not only forbids the appropriation for any purpose of the common school fund to sectarian institutions, but it contemplates that the separation between the common school and the sectarian school shall be open, notorious and complete. Williams v. Board of Trustees, Etc., 173 Ky. 708 (from Kentucky Common School Laws, 1954). "

Limitations (art. 4). Sec. 8:

"Public funds - Prohibited expenditure for sectarian, private, charitable
or benevolent purposes State charities Religious discrimination. -
No money shall ever be taken from the public treasury, directly or in-
directly, in aid of any church, sect or denomination of religion, or in
aid of any priest, preacher, minister or teacher thereof, as such, and
no preference shall ever be given to, nor any discrimination made against,
any church, sect or creed of religion, or any form of religious faith or
worship. No appropriation from the State treasury shall be made for
private, charitable or benevolent purposes to any person or community:
Provided, This shall not apply to the State asylums for the insane, and
the State schools for the deaf and dumb, and the blind, and the charity
hospitals, and public charitable institutions conducted under State authority."

MASSACHUSETTS - Articles of Amendment Sec. 148: Art. XLVI.

"Religious freedom Expenditure of public money for certain institutions prohibited - Exceptions. - (In place of and substitution for article XVIII of the articles of amendment of the constitution.) Article XVIII, Section 1. No law shall be passed prohibiting the free exercise of religion.

Sec. 2. All moneys raised by taxation in the towns and cities for the
support of public schools, and all moneys which may be appropriated by
the Commonwealth for the support of common schools shall be applied
to, and expended in, no other schools than those which are conducted

according to law, under the order and superintendence of the authorities
of the town or city in which the money is expended; and no grant,
appropriation or use of public money or property or loan of public credit
shall be made or authorized by the commonwealth or any political division
thereof for the purpose of founding, maintaining or aiding any school or
institution of learning, whether under public control or otherwise, wherein
any denominational doctrine is inculcated, or any other school, or any
college, infirmary, hospital, institution, or educational, charitable or
religious undertaking which is not publicly owned and under the exclusive
control, order and superintendence of public officers or public agents
authorized by the Commonwealth or Federal authority or both, except that
appropriations may be made for the maintenance and support of the Soldiers'
Home in Massachusetts and for free public libraries in any city or town,
and to carry out legal obligations, if any, already entered into; and no such
grant, appropriation or use of public money or property or loan of public
credit shall be made or authorized for the purpose of founding, maintaining
or aiding any church, religious denomination or society."

Declaration of Rights (art. 2). Sec. 3:

"Freedom of worship - Disabilities.

No money shall be appropriated

or drawn from the treasury for the benefit of any religious sect or society. theological or religious seminary; nor shall property belonging to the State be appropriated for any such purpose. ***"'

School Funds, Education and Science (art. 8). Sec. 3:

**Prohibition as to aiding sectarian school. But in no case shall the moneys derived as aforesaid, or any portion thereof, or any public moneys or property, be appropriated or used for the support of schools wherein the distinctive doctrines, creeds or tenets of any particular Christian or other religious sect are promulgated or taught.

Annotation. - The last paragraph is intended to prevent school
moneys from being appropriated for denominational schools and
to prevent the teaching of the distinctive doctrines of any sect or
creed in the public schools maintained by the State. Kaplan v.
Independent School Dist. of Virginia, 1927, 171 Minn. 142, 214
N. W. 18, 57 A. L. R. 185."

Education (art. 8). Sec. 208:

"No religious or other sect or sects shall ever control any part of the school or other educational funds of this State; nor shall any funds be appropriated toward the support of any sectarian school, or to any school that at the time of receiving such appropriation is not conducted as a free school. "