Paper Topic:

Aguilar v. Felton and Agostini v. Felton

p AN EXAMINATION OF AGUILAR V . FELTON AGOSTINI V . FELTON

AN EXAMINATION OF AGUILAR V . FELTON AGOSTINI V FELTON

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1 . ABSTRACT : Part I 3

2 .ANALYSIS : Part II 4

3 . CONCLUSION Part III 7

4 .REFERENCE : 8 Abstract

Part 1

In Aguilar v . Felton , 473 U .S . 472 (1985 , the Court viewed that appointing remedial teachers , for whom salaries were paid from federal funds , to parochial schools infringed the Establishment Clause , Title I program

which was managed by New York City administration seems to be analogous of the view held in School District of Guard Rapids v . Ball ante which held that it infringed the establishment clause . However , it is to be noted that New York City program was not akin to that of School District of Grand Rapids as supervision could prevent the Title I program was being misused to indoctrinate religious faiths . In the appeal against the verdict of U .S Court of Appeals for the Second Circuit , Supreme Court was of the view that deputing New York public school teachers to parochial schools to offer education to deprived children warranted an unwarranted embarrassing situation of state and church and hence infringed the First Amendment Establishment Clause However , this view was upturned in 1997 in the Agostini v . Felton case

In Lemon v . Kurtzman ,403 U .S . 62 (1971 , the Court earlier decided that Pennsylvania 's law permitting state money to pay the salaries of parochial school teachers and permitting state money to purchase text books for parochial school books infringed the Establishment Clause The Court concurred that salaries and textbooks did not have a religious perspective but issued a three part test (famously known as the Lemon test ) to conclude if there is a infringement of the Establishment Clause or not by substituting the standard set in Abington v . Schemp

Following are the three test parameters or otherwise known as lemon test

The policy or law must have a secular purpose

The policy or law must not interfere with religion

The policy or law must not create unwarranted government embarrassing situation with religion The Court decided that a statute or law must adhere all three parts to be lawful . From 1985 until the case of Agostini v . Felton in 1997 , the Courts time and again viewed that any government funding to parochial institutions , even if it were for secular purpose had led the government ' to an entanglement

In Agistini .v .Felton , 521 U .S . 203 (1997 , Supreme Court decision has repealed Aguilar v . Felton by mentioning that it does not infringe the Establishment Clause to offer federal remedial education programs to parochial school students

This case also partially overrides Lemon v . Kurtzman in that sense that the Court declared that if any of the three tests in Lemon can be met and then there was no infringement of Establishment Clause . In this case , the Court discovered that offering remedial education has a secular ' rationale and that it...

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