The U.S. Supreme Court’s first major ruling on the meaning of the First Amendment’s Establishment Clause was in Everson v. Board of Education, in 1947, when it upheld a state law that provided busing of students to parochial schools. The court’s entry into this constitutional maze foreshadowed the controversy that surrounds to this day governmental acts and programs that promote religion. At issue in Everson was a New Jersey statute that authorized local school boards to reimburse parents, including those whose children attended Catholic parochial schools, for the cost of bus transportation to and from school. Arch Everson, a local resident and taxpayer, contended this program violated the Establishment Clause, which provides: “Congress shall make no law respecting an establishment of religion.” Justice Hugo Black delivered the court’s 5-4 opinion, which began with a review of the history of the Establishment Clause and the contributions to it of Thomas Jefferson and James Madison. Justice Black said of the meaning of the clause: “Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. No tax in any amount, large or small, […]
