Aguilar v. Felton

Aguilar v. Felton
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
Dissent Burger
Dissent White
Dissent Rehnquist
Dissent O'Connor, joined by Rehnquist
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).

References

  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.

Further reading

  • Pfeffer, Leo (1984). Religion, State and the Burger Court. Buffalo: Prometheus Books. ISBN 0-87975-275-0.
  • Young, S. M. (1986). "Lemon Reconstituted: Aguilar v. Felton and Public Aid to Parochial Schools". Northern Kentucky Law Review. 13: 317.


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