Tilton v. Richardson - 403 U.S. 672, 91 S. Ct. 2091 (1971)

Rule:

The Higher Education Facilities Act of 1963, 20 U.S.C.S. §§ 711-721, authorizes federal grants and loans to institutions of higher education for the construction of a wide variety of academic facilities.

Facts:

Appellants, citizens and taxpayers, sought injunctive relief against, appellees, officials who administer the Higher Education Facilities Act of 1963 (HEFA), 20 U.S.C.S. §§ 711-721, to prevent them from providing federal aid for church-related colleges. The district court held that the grants were authorized under HEFA. Appellants challenged the decision.

Issue:

Did HEFA authorize the grant of federal aid for church-related colleges?

Answer:

Yes.

Conclusion:

The court affirmed the decision of the district court, holding that Congress intended HEFA to include all colleges and universities regardless of any affiliation with or sponsorship by a religious body. The court found that HEFA did not create excessive entanglement between government and church. The religious institutions in question had a predominant higher education mission to provide their students with a secular education. The entanglement between church and state was also lessened by the nonideological character of the aid that the government provided. In addition, government entanglements were reduced by the fact that the aid was a one-time, single-purpose construction grant. HEFA did not violate the establishment or free exercise clauses of the First Amendment, U.S. Const. amend. I, except 20 U.S.C.S. § 754 (b)(2), which provided a 20-year limitation on the religious use restrictions.