Supreme Court of the United States

Roemer v. Board of Public Works of Maryland

June 21, 1976426 U.S. 736

Summary

The Court affirmed the district court, holding that Maryland’s non‑categorical grant program for private colleges, including religiously affiliated institutions, does not violate the Establishment Clause because it has a secular purpose, its primary effect is not to advance religion, and it does not create excessive entanglement. The Court also upheld the district court’s refusal to order repayment of earlier grants. Four Justices dissented, arguing that the program impermissibly subsidizes religious institutions and should be enjoined with refunds required.

Holding

  • Whether Maryland’s grant program violates the Establishment Clause of the First Amendment.. The statute is constitutional; the program does not violate the Establishment Clause.
  • Whether the plaintiffs are entitled to a refund of funds previously paid to the religious colleges.. No refund is required; the district court’s denial of repayment is affirmed.

Docket 74-730

Cited authorities