Wisconsin Court Bans State Transportation Aid to Religious Schools

The Wisconsin Supreme Court struck down yesterday a controversial state parochial school bus law which was to have become effective next July 1.

By a four to two decision the high court ruled that the law, which would have provided state aid for transportation of private and parochial school pupils, violated a constitutional ban on expenditure of public funds “for the benefit of religious societies or religious or theological seminaries. “

The legislature had sought to avoid the constitutional issue by providing that the pupils were to be taken to the nearest public school instead of to their own. The Supreme Court declared this did not changes the fact that “practically all of the non- public schools whose pupils are to be transported under the attacked act are operated by religious organizations.”

The heart of the controversy is whether such legislation benefits the children on the non-public schools. California, Maryland and Kentucky Supreme Courts have held that such laws are constitutional on grounds they benefit the children. High courts in New York, Delaware, Oklahoma and Washington have taken the other view and banned such aid.