Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview

attend these schools, make special contributions to the areas in which they operate. . . . If parents of children in private schools choose to take especial advantage of the relief provided . . ., it is no doubt due to the fact that they bear a particularly great financial burden in educating their children. More fundamentally, whatever unequal effect may be attributed to the statutory classification can fairly be regarded as a rough return for the benefits . . . provided to the State and all taxpayers by parents sending their children to parochial schools. . . .

Thus, we hold that the Minnesota tax deduction for educational expenses satisfies the primary effect inquiry of our Establishment Clause cases.

Turning to the third part of the Lemon inquiry, we have no difficulty in concluding that the Minnesota statute does not "excessively entangle" the State in religion. The only plausible source of the "comprehensive, discriminating, and continuing state surveillance," . . . necessary to run afoul of this standard would lie in the fact that state officials must determine whether particular textbooks qualify for a deduction. In making this decision, state officials must disallow deductions taken for "instructional books and materials used in the teaching of religious tenets, doctrines or worship, the purpose of which is to inculcate such tenets, doctrines or worship." . . . Making decisions such as this does not differ substantially from making the types of decisions approved in earlier opinions of this Court.

Source: Mueller et al. v. Allen et al., 463 U.S. 388.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

Washington University Law Review, Vol. 61, No. 1 (Spring 1983), pp. 269-286. References for Document 178.


East European Christianity in Crisis: Issues of Resistance, Accommodation, Survival

After the initial shock presented by the establishment of Communist regimes with draconian statutory and bureaucratic controls, East European Christianity passed into a somber era, four decades (c. 1950 1990) of protracted tension, exhaustion, and depression. Conflicts varied in detail from country to country, but most encounters produced common hardships and defeats -- legal status but stifling political restraints, isolation from ecumenical or international contacts, bans on religious education and charity, closure of churches and seminaries, splits between collaborating and resisting clergy, government rejection

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