Board of Education v. Allen, 20 N.Y.2d 109 (1967)

A state law requiring local school boards to purchase and loan textbooks to students in parochial schools does not violate the New York State Constitution’s prohibition against using public funds in aid of religious schools if the textbooks are secular and the primary benefit is to the students.

Summary

This case concerns the constitutionality of a New York statute requiring local school boards to purchase and loan textbooks to students attending parochial schools. The Boards of Education argued that this violated the state constitution’s prohibition against using public funds to aid religious institutions. The New York Court of Appeals upheld the statute, reasoning that the textbooks were secular in nature and the primary benefit was to the students, not the schools themselves. The court emphasized that the statute ensured children received a basic education, a legitimate secular purpose, and the incidental benefit to religious schools did not invalidate the law.

Facts

The New York legislature amended Section 701 of the Education Law to require local school boards to purchase and loan textbooks to students in grades seven through twelve, including those attending private and parochial schools.
The textbooks were to be the same as those used in public schools and approved by the local school authorities.
Several Boards of Education brought suit, challenging the constitutionality of the law, arguing that it violated Article XI, Section 3 of the New York Constitution, which prohibits the use of public funds to aid religious schools.

Procedural History

The Supreme Court, Albany County, initially ruled against the statute’s constitutionality.
The Appellate Division reversed, upholding the statute.
The New York Court of Appeals affirmed the Appellate Division’s decision.

Issue(s)

Whether a state law requiring local school boards to purchase and loan secular textbooks to students in parochial schools violates Article XI, Section 3 of the New York Constitution, which prohibits the use of public funds to aid religious schools.

Holding

No, because the textbooks are secular, and the primary benefit is to the students, not the religious schools. The incidental benefit to the schools does not invalidate the law, as its main objective is to ensure all children receive an adequate education.

Court’s Reasoning

The Court of Appeals relied on the “child benefit theory,” which posits that government aid programs that benefit children directly, rather than religious institutions, do not violate constitutional prohibitions against state support of religion. The court emphasized the secular nature of the textbooks, stating that they were the same books used in public schools and approved by local authorities. The court also reasoned that the law served a legitimate secular purpose: to ensure that all children, regardless of where they attend school, receive an adequate education. The court distinguished this case from Judd v. Board of Education, where transportation was deemed a direct benefit to the school. Here, the benefit was to the student. The court found the incidental benefit to religious schools did not invalidate the law. The court stated, “The statute merely makes available to all children the benefits of a general program to lend school books free of charge. Books are furnished at the request of the pupil and ownership remains, at least technically, in the State.”
The dissenting opinion argued that the provision of textbooks, even secular ones, indirectly aids religious schools by freeing up their funds for religious purposes. The dissent also questioned the ability to reliably distinguish between secular and religious textbooks. Justice Van Voorhis, in dissent, stated, “If the books to be purchased by Boards of Education and supplied to pupils of parochial schools were religious tracts, it is conceded that the statute would be unconstitutional…The constitutionality of this enactment is sought to be sustained on the basis that the textbooks to be supplied are “secular” rather than “religious”.” The dissent cited Smith v. Donahue, which held unconstitutional the furnishing of free textbooks to children attending parochial schools, reasoning such furnishing is indirectly in aid of the institution.