fleming v. NJ - Rachel Romm US History 1AP Mrs Dolan 5...

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Rachel Romm US History 1AP Mrs. Dolan 5 March 2009 Fleming v. New Jersey John Fleming, of New Jersey, claims the state violated his right of free exercise of religion by denying him a tax refund to pay for the religious education of three of his children. Fleming alleges that his oldest child, age 24, who graduated the local public school system, is straying from the Roman Catholic faith of his family do to the lack of religion taught in the public schools. The State Supreme Court of New Jersey found that the voucher program that Fleming’s requests violates the First Amendment clause, which states a government cannot establish a religion hence denying Fleming’s claim. Fleming appealed his case to the Supreme Court. The Supreme Court denied Fleming’s tax refund branding it unconstitutional. According to Everson v. Board of Education , “neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion.” If New Jersey gave out vouchers to families that send children to religious schools, it would be encouraging other families to do so. As more and more families pull their children out of public schools to attend religious schools, more vouchers would need to be issued. The more vouchers issued the less money that goes towards the public schools or any other government run program for that matter. Vouchers affect the community negatively because they take students and money out of public schools. Both Everson v. Board of Education and Locke v. Davey concluded that using tax money, in large or small quantities, for religious institutions, activities, or worship is unconstitutional.
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Since a religious school is a religious institution, it would violate the constitution to send tax rebates to Fleming and other families who have children attending religious schools. Since a law for tax rebates towards families with children attending religious school,
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fleming v. NJ - Rachel Romm US History 1AP Mrs Dolan 5...

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