mentioning significance of independent governance in declaring constitutional a college financial assistance program in which funds were allowed to be used at private institutions, expressing that schools with independent boards are not under the “control” prohibited. by Mo. Const, art. IX, section 8
How later courts described this case
- mentioning significance of independent governance in declaring constitutional a college financial assistance program in which funds were allowed to be used at private institutions, expressing that schools with independent boards are not under the “control” prohibited. by Mo. Const, art. IX, section 8
- holding Missouri Constitution requires stricter separation of church and State than does Federal Constitution
- college tuition grant program upheld under both the First Amendment and State constitutional provisions prohibiting compelled support of religious worship and use of public funds to support colleges controlled by religious sects
- "constitution of Missouri, as construed by this court, is more `restrictive' than the First Amendment to the United States Constitution in prohibiting expenditures of public funds in a manner tending to erode an absolute separation of church and state"
Written by the judges who cited it.
The opinion
DONNELLY, Judge
(dissenting).
Article I, Section 7 of the Constitution of Missouri reads as follows:
“That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship.” (Emphasis mine.)
I think it must be conceded that the money paid out under the challenged statutory scheme will result in aid to some denominations of religion. The statutory mode of payment of such money to students, rather than directly to institutions for sectarian purposes, is itself a classic example of indirect aid to denominations of religion.
The principal opinion quotes the provisions of Art. I, § 7, supra. They are not thereafter mentioned. The principal opinion thus ignores the indirect aid proscription in Art. I, § 7, supra, and applies to Missouri the less restrictive federal position on separation of church and state as articulated in Roemer.
In my opinion, the statutory scheme is facially unconstitutional because it authorizes violations of Art. I, § 7, supra.
I respectfully dissent.