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Americans United For the Separation of Church and State

 
US Supreme Court: Americans United For the Separation of Church and State

In 1947 a group of political, religious, and educational leaders, fearful that advocates of parochial school education were mounting a drive for public financial subsidies, formed Americans United for Separation of Church and State. Known today simply as Americans United, AU believes that the principle of separation of church and state is a cornerstone of religious liberty. Today AU represents more than 52,000 individuals as well as 3,000 churches and religious groups.

Although viewing its primary task as educational, over the years AU has participated in a variety of church‐state litigation. AU sponsors cases, provides counsel, and submits amicus curiae briefs. Since 1971, AU has been involved in some fifteen cases before the Supreme Court as well as dozens in lower courts.

AU has challenged government aid in any form to parochial schools, contending that their educational programs are infused with the sectarian beliefs of their sponsoring church. The most significant suits in which AU has participated are Lemon v. Kurtzman (1971), providing the basic doctrine to date for Establishment Clause analysis, and Flast v. Cohen (1968), establishing standing for federal taxpayers contesting the use of federal funds on Establishment Clause grounds. Generally, AU has been successful in cases where government aid directly finances school activities, as in Aguilar v. Felton (1985) and School District of the City of Grand Rapids v. Ball (1984), but less successful when the support is funneled through the child's family as a tax credit, only indirectly benefiting the school, as in Mueller v. Allen (1983).

See also Education; Religion.

— Stanley Ingber

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US Supreme Court. The Oxford Companion to the Supreme Court of the United States. Copyright © 1992, 2005 by Oxford University Press. All rights reserved.  Read more