Zorach v. Clauson
Zorach v. Clauson is a significant Supreme Court case decided in 1952 that addressed the interplay between public education and religious practices. The case centered on a New York program allowing students to leave school during school hours to participate in religious activities, provided they had parental permission. The Supreme Court ruled in favor of the program, affirming the idea that such accommodations were in line with the First Amendment's establishment clause. Justice William O. Douglas, writing for the majority, highlighted the United States' historical connection to religion, suggesting that the nation recognizes a Supreme Being.
Despite the ruling, dissenting justices raised concerns about the potential coercion of students within the public school system to engage in religious practices. Over the years, the landscape of religious expression in schools has evolved, with many released-time programs being replaced by policies that grant equal access to school facilities for religious activities. Zorach v. Clauson remains a landmark decision in discussions about the balance between church and state in educational settings and continues to influence legal interpretations of religious freedom in schools.
Zorach v. Clauson
Date: April 28, 1952
Citation: 343 U.S. 306
Issue: Released time
Significance: The Supreme Court upheld a released-time program on the grounds that the religious instruction did not take place on school property or require the expenditure of public funds, and there was no evidence that students were being pressured into attending the religious classes.
In Illinois ex rel. McCollum v. Board of Education (1948), the Court ruled that an on-campus released-time program violated the establishment clause of the First Amendment. In Zorach, the justices voted six to three to approve a New York program in which students with parental permission left campus to participate in religious activities while other students attended study hall. Speaking for the Court, Justice William O. Douglas emphasized the need for religious accommodation and asserted that Americans “are a religious people whose institutions presuppose a Supreme Being.” The three dissenters argued that the location of the program was not the central issue, and they found that New York was using the coercive apparatus of the public school system in order to encourage religious activities. Douglas later repudiated his accommodationist statements in Zorach.
Although Zorach remains good law, released-time programs have largely been replaced by policies allowing religion-oriented students to have equal access to school facilities. In Board of Education v. Mergens (1990), the Court approved of the Equal Access Act of 1984, which requires public secondary schools to permit students to voluntarily meet for religious activities if they are permitted to meet for other purposes.