Aguilar v. Felton - Wikipedia

Aguilar v. Felton
Argued December 5, 1984
Decided July 1, 1985
Full case nameAguilar, et al. v. Felton, et al.
Citations473 U.S. 402 (more)
105 S. Ct. 3232; 87 L. Ed. 2d 290; 1985 U.S. LEXIS 117
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
MajorityBrennan, joined by Marshall, Blackmun, Powell, Stevens
DissentO'Connor, joined by Rehnquist (Parts II and III)
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.

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