February 10: Building a Wall

Welcome to the American Catholic Daily Reader podcast. Today is February 10th, and our story is Building a Wall. Shortly after World War II, the New Jersey state legislature voted to reimburse parents for the cost of busing their children to school. It didn't matter if parents sent their children to a public school or private school. Either way, New Jersey would pay for it. One Arch Everson of Ewing Township, however, took issue with the legislature's action. He didn't like the state using his tax dollars to transport students to Catholic schools, so he sued the state.

Arguing that the law violated the First Amendment of the U.S. Constitution. After losing in the New Jersey court, Everson v. Board of Education went to the U.S. Supreme Court. The court's decision, handed down on February 10, 1947, was something of a mixed bag. On the one hand, a majority of the justices agreed that transporting children to and from Catholic schools did not constitute the establishment of a state religion. That was a bridge too far for them. At the same time, however, the justices implicitly acknowledged that the 14th Amendment's Due Process Clause required the Constitution's prohibition against state-sponsored religion to apply to individual states.

Before that, the First Amendment had only been interpreted as applying to the federal government, and some states had indeed adopted policies preferring one religion over another. Additionally, both the majority and minority opinions in Everson affirmed an understanding of the separation of church and state that was harder and firmer than that of past decisions.

Explained Justice Hugo Black, writing for the majority, the First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach. Ultimately, the Everson decisions set the stage for future judicial decisions, banning prayer, religion classes, and even mentions of God from America's classrooms and civic life. But, at least for a time, Catholic school students in New Jersey did get free bus rides. Everson demonstrates the delicate balance between religious liberty and civic governance.

The decision reminds us that freedom requires both clarity and courage, and that public policy can coexist with faith when approached with respect and integrity. Consider a local issue where faith and public policy intersect. Reflect on one action you can take to engage thoughtfully and responsibly this week.

Thank you for listening to the American Catholic Daily Reader podcast. Join us tomorrow, February 11th, for another story of faith and courage in America.