CONSTITUTIONAL LAW-DUE PROCESS -OF LAW-FREEDOM OF RELIGION- VOLUNTARY RELIGIOUS CLASSES HELD IN PUBLIC SCHOOL BUILDING DURING SCHOOL HOURS

Appellant, a resident and taxpayer of the Champaign School District and parent of a child attending the public schools of the district, petitioned for a writ of mandamus to compel the district to discontinue religious classes held in the public schools during regular school hours. The classes in question were sponsored by a voluntary association of Jewish, Catholic, and Protestant faiths, but other religious groups were free to establish classes upon the same basis. Instructional materials, a chosen course of study, and religious teachers were made available to the program by the association. Although employed by the association, the teachers were under the supervision of the Superintendent of Schools. Children were excused from regular classes to attend, and admission was allowed only upon written request of parents. Classes were in session not more than forty-five minutes per week. Non-participating pupils continued with regular school work, and separate rooms were utilized by the various sects represented. Both the trial court and the Supreme Court of Illinois denied the petition on the ground that no Illinois or federal constitutional right had been violated. On appeal to the United States Supreme Court, held, reversed. The program violated the establishment of religion clause of the First Amendment and hence was a denial of due process of law under the Fourteenth Amendment. People of Illinois ex rel. McCollum v. Board of Education, (U.S. 1948) 68 S.Ct. 461