Missouri Constitution

Article IX
EDUCATION
Section 8

August 28, 2013



Prohibition of public aid for religious purposes and institutions.

Section 8. Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

Source: Const. of 1875, Art. XI, 11.

(1953) Use of state and school district funds for transportation of parochial school students by public school bus which also transported public school children held unlawful. McVey v. Hawkins, 364 Mo. 44, 258 S.W.2d 927.

(1953) Evidence reviewed and held to establish that schools taught by nuns of religious order were not in fact free public schools and therefore not entitled to support from public funds. Berghorn v. Reorganized School Dist. No. 8, 364 Mo. 121, 260 S.W.2d 573.

(1973) The provisions of the state constitution notwithstanding educationally deprived children attending nonpublic schools are entitled to receive allocation of federal funds for programs of special services comparable in quality, scope and opportunity to children in public schools. Barrera v. Wheeler (CA Mo.), 475 F.2d 1338.

(1973) Payment of taxes by parent who sends his children to religiously oriented schools does not interfere with his constitu- tional right to select such a school for his children. McDonough v. Aylward (Mo.), 500 S.W.2d 721.

(1974) Held, that portion of section 170.051, RSMo, requiring public school boards to provide textbooks to teachers in private schools violates Art. I, 6, of the Const. of Mo. which prohibits the "support" of any "teacher of any sect". The provision requiring textbooks to be provided to pupils attending private schools violates Art. IX, 8, of the Const. of Mo. which prohibits payment from a public fund in aid of any religious creed, church or sectarian purpose. Paster v. Tussey (Mo.), 512 S.W.2d 97.

(1974) Memorandum opinion affirming Luetkemeyer et al. v. Kaufmann, 364 F.Supp. 376, which denied right of parochial children to transportation on public school bus, affirmed in memorandum opinion. (U.S.) 95 S.Ct. 167.


bottom Missouri General Assembly