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THE
BLAINE AMENDMENT
December
14, 1875
Rep.
James G. Blaine (1830-1893) of Maine proposed the following
constitutional amendment on December 14, 1875 in reaction
to efforts of, in particular, the Catholic Church to
establish parochial schools. The amendment was passed
by the House on August 4, 1876 by an overwhelming majority
(180 votes in favor, 7 votes opposed), but failed to
muster the necessary two-thirds vote in the Senate (28
votes in favor, 16 votes opposed). Afterwards, the Blaine
Amendment was incorporated into a number of state constitutions,
especially in the West, where its inclusion was often
a prerequisite for consideration for statehood. Many
First Amendment scholars consider the Blaine Amendment
unconstitutional because it requires government to discriminate
against religious groups.
RJ&L
Religious Institutions Group
No
State shall make any law respecting an establishment of
religion or prohibiting the free exercise thereof; and no
money raised by taxation in any State, for the support of
public schools, or derived from any public fund therefor,
nor any public lands devoted thereto, shall ever be under
the control of any religious sect, nor shall any money so
raised, or lands so devoted be divided between religious
sects or denominations.
Source:
44 Cong. Rec. __ (December 14, 1875).
Amendment,
Congressional Record, 44th Congress, 1st session, 14 December,
1875.
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