[20020730]RS21273_教会和国家法律：对教派学校的公共援助.pdf

1 The First Amendment has been held to apply to the states as well as to the federal government.See Cantwell v. Connecticut, 310 U.S. 296 (1940) (free exercise clause) and Everson v. Boardof Education, 330 U.S. 1 (1947) (establishment clause).2 403 U.S. 602 (1971). Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21273July 30, 2002The Law of Church and State: Public Aid toSectarian SchoolsDavid M. AckermanLegislative AttorneyAmerican Law DivisionSummaryOne of the most persistent issues of constitutional law concerns the extent to whichthe establishment of religion clause of the First Amendment imposes constraints on theprovision of public aid to private sectarian schools. The Supreme Courts pastjurisprudence construed the clause to impose severe restrictions on aid given directly tosectarian elementary and secondary schools but to be less restrictive when given tocolleges or indirectly in the form of tax benefits or vouchers. The Courts recentdecisions have loosened the constitutional limitations on both direct and indirect aid .This report gives a brief overview of the evolution of the Courts interpretation of th