ADL Petitions High Court Argues Establishment Clause Forbids Provision of
Taxpayer-Funded Computers and Other Equipment to Parochial Schools
New York, NY, October 6, 1999 … The Anti-Defamation League
(ADL) today announced the filing of an amicus brief in Mitchell v. Helms,
the most important church-state case currently on the docket of the U.S. Supreme
Court.
"This case will be an important barometer of the Supreme
Court’s willingness to maintain a wall of separation between church and
state," said Abraham H. Foxman, ADL National Director. "As with many
church-state issues, the question is subtle. We do not object to educating
children about how to use computers, but we strongly object to the potential for
any form of government-funded religious indoctrination."
. The specific facts of the case involve the
constitutionality of a government program providing computers and other
equipment to both secular and religious schools. The case’s broader
significance stems from the fact that it may give the court an opportunity to
signal its attitude towards vouchers, charitable choice initiatives, and other
programs which provide aid to both secular and sectarian institutions.
The League’s brief argues that the federal program at
issue, as applied in Louisiana, is unconstitutional because the equipment it
provides to parochial schools can easily be used for religious purposes.
Previous court decisions have approved certain forms of aid to sectarian
schools, including school bus transportation and textbooks on secular subjects.
However, the court has never authorized assistance that could directly advance
the religious mission of religious schools.
Supporters of the program assert that such aid should be
permissible so long as adequate safeguards are in place to ensure the equipment
is used for the secular purposes for which it is intended. However, as the brief
points out, the level of ongoing monitoring needed to make such safeguards
meaningful would inevitably involve an unconstitutional entanglement between the
state and the religious schools, and a level of oversight which the schools
themselves should find objectionable.
The League took a lead role in assembling the coalition which
filed this brief. Among the others were the American Civil Liberties Union, the
American Federation of Teachers, the American Jewish Committee, the American
Jewish Congress, Americans United for the Separation of Church and State,
Hadassah, the Jewish Council for Public Affairs, and People for the American Way
Foundation. The brief, signed by former U.S. Solicitor General Drew S. Days III,
was prepared by the New York office of Morrison & Foerster.
The Anti-Defamation League, founded in 1913, is the world's leading organization fighting anti-Semitism through programs and services that counteract hatred, prejudice and bigotry.