holding that analysis of constitutionality of state-supported religious activity under Illinois and United States Constitutions is coextensive
How later courts described this case
- holding that analysis of constitutionality of state-supported religious activity under Illinois and United States Constitutions is coextensive
- affirmed by the Supreme Court in Allen
Written by the judges who cited it.
The opinion
MR. JUSTICE WARD, also dissenting:
I would add that it is not clear from the majority’s opinion whether it considers objectionable the provision in Public Act 77 — 1891 that if a school district loans textbooks free to its public school students it shall loan them free to nonpublic school students at parental request.
If it does judge this provision to be unconstitutional, it is of course at variance with the holding in Board of Education v. Allen, 392 U.S. 236 , 20 L. Ed. 2d 1060 , 88 S. Ct. 1923 . See also Sloan v. Lemon, 413 U.S. 825 , 37 L. Ed. 2d 939 , 93 S. Ct. 2982 .
If it does acknowledge that the provision is constitutional, I would note the regrettable failure of the majority to consider the effect here of the severability clauses inserted by the legislature for consideration in the event part of the legislation were to be judged invalid. See People ex rel. DuPage County v. Smith, 21 Ill.2d 572, 586 .