# People Ex Rel. Klinger v. Howlett

> Illinois Supreme Court · October 1, 1973 · 56 Ill. 2d 1

URL: https://www.frixlaw.com/law-library/cases/9527271

## Case

- **Full name:** The PEOPLE Ex Rel. LAWRENCE E. KLINGER, Appellant, v. MICHAEL J. HOWLETT, Auditor of Public Accounts, Appellee
- **Court:** Illinois Supreme Court
- **Decided:** October 1, 1973
- **Citations:** 56 Ill. 2d 1; 305 N.E.2d 129; 1973 Ill. LEXIS 204
- **Precedential status:** Published
- **Opinion:** Dissent by Ward
- **Judges:** Schaefer, Kluczynski, Ward
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9527271

## How later opinions describe it (automated extraction)

- holding that analysis of constitutionality of state-supported religious activity under Illinois and United States Constitutions is coextensive

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9527271. Public record. Not legal advice.