Missouri Constitution

Article I
BILL OF RIGHTS
Section 7

August 28, 2013



Public aid for religious purposes--preferences and discriminations on religious grounds.

Section 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship.

Source: Const. of 1875, Art. II, 7.

(1961) Where property acquired by land clearance for redevelopment authority of city was conveyed to university controlled by religious denomination pursuant to a plan adopted by the city in slum clearance project, and where the only bid received was from the university, there was no subsidy of religion from public funds in the absence of showing of fraud or arbitrary action. Kintzele v. City of St. Louis (Mo.), 347 S.W.2d 695.

(1973) The provisions of the state constitution not withstanding, 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.

(1974) Held, that portion of 170.051 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 (M0.), 512 S.W.2d 97.

(1978) Held, that no judicial officer may determine child custody, based on approval or disapproval of the beliefs, doctrines or tenets of the religion of either parent or their interpretation thereof. Waits v. Waits (Mo.), 567 S.W.2d 326.


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