Letter to the Editor: SPF Board of Education Should Heed the Supreme Court

Considering the SPF BOE’s , I would remind the Board of Ed. of past Supreme Court decisions and the Constitution itself. Amendment I of the Constitution states in part, “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.” This law has been applied to the states by the Supreme Court, and the Court took these two clauses to heart when they decided in Everson v. Board of Ed. – a case that originated in New Jersey – that “New Jersey…cannot exclude individual [religious peoples], because of their faith, or lack of it, from receiving the benefits of public welfare legislation.” In explaining his decision, Justice Black, writing for the majority, explains that if those who attend public schools are given transportation to schools, private schools must also be given that funding – particularly because school attendance is compulsory, but school choice is always an option.  It would violate the Free Exercise clause of the first Amendment to force students not to practice their religion in a private school due to lack of transportation or aid-in-lieu.  Despite claims by the board of an “unfunded mandate,” this mandate is not handed down by the New Jersey Constitution, or even the Supreme Court; it is handed down by our Supreme Law of the Land, the United States Constitution.  I therefore urge the Board of Education to think wisely before cutting transportation or aid-in-lieu to those who wish to attend private schools, as they would be in violation of our Constitution.

Sean Gaynor
Scotch Plains