Mitchell v. Helms: The Court Charts New Ground on State Aid to Religious Schools

Abstract

Interpretation of the establishment clause by the Supreme Court has a long history. Since first addressing the merits of state aid to religiously affiliated schools, the Court has examined a wide array of programs involving state and federal aid in regular and special education. The recent Supreme Court decision in Mitchell v. Helms is the latest in this long line of cases considering the constitutionality of government assistance benefiting students in religious schools. In Helms, the Court decided the constitutionality of Chapter 2 of Title I of the Elementary and Secondary Education Act of 1965 that allows states to loan computers, library books, and other instructional materials to religious schools. The purpose of this article is to examine briefly the facts in the case and then discuss the cases's three separate opinions. The authors then consider the implications of Helms for the provision of government aid to students attending religiously affiliated schools.