Evening star., 1961-04-15
Constitution Hall on May 18,
l9 and 20.
Sarah Gertrude Knott,
Director, National Folk
Festival Association Inc.
Cites Constitution

Those with legalistic learn
ing, as well as laymen, should
take another look at the So
called laid to education"
controversy.
Article I of the Constitu-
ton provides: "Congress S
shall make no law respecting
an establishment of religion,
or prohibiting the free exer-
else thereof. . =" AS we Wis
ualize the instant dispute
the key words are establish
ment of religion" Webster's
New international Dictionary
I'D Ed. 1850 defines "estab-
lish" thusly: Ito enact, as a
decree; to found; to insti-
tute; to create and regulate:
to make a national or state
institution of "a church, :"
Establishment" is defined as
the establishing by law of
a church or religion a
form of government, esp, an
established ecclesiastical sys-
TEN or church" And "estab-
lished church" carries this
definition: "A church sup
ported by the civil authority;
a state church; specif. (a)
IN England and Wales, the
Church of England: (b) in
Scotland, the Church of
Scotland" 1t must be recog-
nized that when the authors
OF the Constitution drafted
that unique and noble docu-
ment they were fully cogni-
zant of the fact that there
then existed land there still
exist state churches. such
as are mentioned in the
above definitions.
We have failed to find anv
United States Supreme Court
decision specifically inter-
preting the constitutional
words establishment of re-
ligion." True, some of the
decisions contain obiter dicta
thereon, but dicta are far
from controlling. The So
called principle of "the wall
OF separation between church
and state" can not be found
IN the Constitution; nor is
there any germane law on
the subject.
On the one hand, the
establishment" of "a church
or religion" and on the other
hand, the extension of aid
to sectarian schools are two
entirely different matters. So
long as no discrimination is
made between the various
denominational schools, and
they are given "the equal
protection of the laws" there
is no repugnancy to consti-
tutional provisions. The fact
that in their curricula sec
tartan schools include, not
only variegated standard lay
subjects, but also the teach
ing Of religious doctrines,
does not require the applica-
ton OF the so-called principle
OF the wall of separation. +"
1t seems to us that denomi-
national schools, in addition
TO public schools, perform a
valuable public service. If,
therefore, the people of this
country feel that our second
airy schools should be i'm
proved, in order to face up
to world conditions, then the
corollary should follow that
such national interest should
not be restricted to public
schools (see the General
welfare" provisions of Sec. 8,
Art. l of the Constitution
1t is automatic of our Gov
ernment that these provi-
SionS can not be extended to
one group of our citizens and
denied to another such
group.
1t must be admitted that
tradition leans against those
tavoring aid to sectarian
schools. Thus such tradition
is entitled to some weight
but it is not controlling OF
decisive of the issue involved
So long as there is no square
ronouncem e m e 1T by the
United States Supreme Court
on the subject the contro-
verSy will continue to rage
Let that Court render q
clear-cut adjudication. Con-
gress can prescribe the
modus operandi for such