Aguilar v. Felton

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Aguilar v. Felton
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Argued December 5, 1984
Decided July 1, 1985
Full case name Aguilar, et al. v. Felton, et al.
Citations 473 U.S. 402 (more)
Title I of the Elementary and Secondary Education Act of 1965 remedial services could not be provided on the premises of a parochial school because doing so violated the First Amendment's Establishment Clause.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan, Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell, Jr. · William Rehnquist
John P. Stevens · Sandra Day O'Connor
Case opinions
Majority Brennan, joined by Marshall, Blackmun, Powell, Stevens
Dissent Burger
Dissent White
Dissent Rehnquist
Dissent O'Connor, joined by Rehnquist
Laws applied
U.S. Const. amend. I
Overruled by
Agostini v. Felton (1997)

Aguilar v. Felton, 473 U.S. 402 (1985), was a United States Supreme Court case holding that New York City's program that sent public school teachers into parochial schools to provide remedial education to disadvantaged children pursuant to Title I of the Elementary and Secondary Education Act of 1965 necessitated an excessive entanglement of church and state and violated the Establishment Clause of the First Amendment to the United States Constitution.[1]

Aguilar v. Felton was subsequently overruled by Agostini v. Felton, 521 U.S. 203 (1997).


  1. ^ Bernstein, Nina (2001). The Lost Children of Wilder: The Epic Struggle to Change Foster Care. New York City: Vintage Books. pp. 358–359. ISBN 978-0-679-75834-1. OCLC 48994782. 

Further reading

  • Pfeffer, Leo (1984). Religion, State and the Burger Court. Buffalo: Prometheus Books. ISBN 0-87975-275-0. 
  • Young, S. M. (1986). "Lemon Reconstituted: Aguilar v. Felton and Public Aid to Parochial Schools". Northern Kentucky Law Review. 13: 317. 

External links

  • Text of Aguilar v. Felton, 473 U.S. 402 (1985) is available from:  [permanent dead link] Findlaw  Justia 
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