Aguilar v. Felton

Aguilar v. Felton
Aguilar v. Felton
	Supreme Court of the United States
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
	Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Byron White; Thurgood Marshall · Harry Blackmun; Lewis F. Powell Jr. · William Rehnquist; John P. Stevens · Sandra Day O'Connor
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, 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 was subsequently overruled by Agostini v. Felton, 521 U.S. 203 (1997).

Quote from Justice O'Connor

For these children, the Court's decision is tragic. The Court deprives them of a program that offers a meaningful chance at success in life, and it does so on the untenable theory that public school teachers (most of whom are of different faiths than their students) are likely to start teaching religion merely because they have walked across the threshold of a parochial school. ~Justice O'Connor.^[2]

References

^ 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.
^ "AGUILAR ET AL. v. FELTON ET AL" (PDF). Library Of Congress. July 4, 1985. Retrieved 4 February 2020.{{cite web}}: CS1 maint: url-status (link)

External links

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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[wilder-1] 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.

[2] "AGUILAR ET AL. v. FELTON ET AL" (PDF). Library Of Congress. July 4, 1985. Retrieved 4 February 2020.{{cite web}}: CS1 maint: url-status (link)

[1]

[2]

Quote from Justice O'Connor

References

Further reading

External links