Meek v. Pittenger (SCOTUS 1975), 421 U.S. 349

Summary

The Court held that Pennsylvania's free textbook loan program for nonpublic-school students did not violate the Establishment Clause because it was part of a general program benefiting all schoolchildren and provided secular books to students. It invalidated the direct loan of instructional materials and equipment to predominantly church-related schools because the aid substantially advanced religion, and invalidated the auxiliary-services program because its administration would require excessive administrative and political entanglement. Justice Brennan, concurring in part and dissenting in part, would also invalidate the textbook program; Justices Rehnquist and Burger, concurring in part and dissenting in part, would uphold the other challenged programs and criticized the Court's entanglement analysis.

Holding

Textbook loans to students attending qualifying nonpublic schools. The textbook loan provisions of Act 195 are constitutional because they extend to all schoolchildren the benefits of a general program lending secular textbooks free of charge, with the financial benefit directed to students and parents rather than to the schools.

Direct loans of instructional materials and equipment to nonpublic schools. The instructional-material and equipment provisions of Act 195 are unconstitutional because, despite their secular descriptions, they provide substantial direct aid to predominantly church-related schools and therefore have the primary effect of advancing religion.

Auxiliary services provided by public personnel on church-related school premises. Act 194 is unconstitutional because ensuring that publicly funded teachers and counselors remain strictly nonideological in church-related schools would require continuing state surveillance and would create both administrative and political entanglement with religion.

Summary

Holding

Cited authorities