EVERSON V. BOARD OF EDUCATION OF EWING TP. ET AL.

Argued Nov. 20, 1946.

Decided Feb. 10, 1947.

Rehearing Denied March 10, 1947.

13. Constitutional law 274

Schools and school districts 159 1/2

The ''establishment of religion'' clause of the First Amendment does not prohibit New Jersey from spending tax-raised funds to pay the bus fares of parochial school pupils as a part of a general program under which it pays the fares of pupils attending public and other schools. N.J.S.A. 18:14-8; U.S.C.A. Const. Amends. 1, 14.

14. Constitutional law 84

The First Amendment requires the state to be neutral in its relations with groups of religious believers and nonbelievers and does not require the state to be their adversary, and state power is no more to be used so as to handicap religions, than it is to favor them. U.S.C.A. Const. Amends. 1, 14.

Mr. Justice Jackson, Mr. Justice Rutledge, Mr. Justice Frankfurter and Mr. Justice Burton, dissenting.

Appeal from the Court of Errors and Appeals of the State of New Jersey.

Certiorari proceedings by Arch R. Everson to set aside a resolution of the Board of Education of the Township of Ewing, in the County of Mercer, state of New Jersey, providing for the transportation of pupils to both public and parochial schools. A judgment setting aside the resolution, 132 N.J.L. 98, 39 A.2d 75, was reversed by the Court of Errors and Appeals of New Jersey, 133 N.J.L. 350; 44 A.2d 333, and petitioner appeals under 28 U.S.C.A. Section344 (a).

Affirmed.