22 Notre Dame L. 360 (1946-1947)
The separation of Church and State, according to the precepts of the American form of constitutional government, imposes no duty on the public school system to erect a barrier of hostility and antagonism against religion or the churches. Accordingly, a regulation of the Board of Education excusing the weekly absences of pupils for the purpose of receiving religious instruction does not, it was held in People ex rel. Latimer et al. v. Board of Education of City of Chicago, do violence to the compulsory attendance law and is a reasonable rule for the practical administration of the public schools.
Thomas F. Broden,
Excusing of Public School Pupils for Religious Instruction,
22 Notre Dame L. 360 (1946-1947).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/897
Reprinted with permission of Notre Dame Law Review (previously Notre Dame Lawyer).