Show RELIGIOUS USE OF SCHOOLS NOT ILLEGAL DR IR JENSEN HOLDS I 1 SCHOOL 11 TAKES TION TO WRIT by ATTORNEY GENERAL vey ill II 11 CLUM dr pr C NT stata 4 erint ates dont dent of public instruction not nota agree with harvey 1 IL chiff A bor ney general whon when tho the latter bolde holds that the state constitution forbids the uso use of school bouse houses in the state for religious purpose purposes dr jensen asked and obtained mr duns views on this matter several months ago the opinion of the attorney general was printed recently dr jenson now explains that in his opinion mr was wasill IU advised adv leed and based on an extravagant and strained construction of our state constitution 6 I 1 the head of tho the public school system tera denies that he Is to disavowing any of bis bin convictions regarding the necessity of at an absolute divorcement or separation oc of church and state 0 but in substance ho he holds that I 1 tho he constitution as an interpreted by the legislature in tho the laws since passed notably those of at 1921 and 1923 prohibits the use of school property for religious purpose while school Is in session prom from this he draws the inference that religious or denominational doctrine or even atheism and may be taught in any rny public school building whoa when not occupied tor for school further tho the slate state superintendent of at public instruction bolds holds thai that while uie LU or pu blie money or property for tho uso of any church it does not prevent boards of education from accepting money or other valuable consideration as rental from frota religious organizations for the use of school property dr statement of his position follows in full 1 I note in ia the tribune of feb february ru 13 that you have obtained a and nd publia published bed at length an opinion rendered by harvey H clun cluff attorney general pursuant to a rog boquest aest made by me several months ago I 1 also note that certain comments are z made ade regarding said bald opinion chief among which appear appears the following 11 the subject of the use of school buildings for religious instruction or worship is to one that Is to constantly recurring in iw this state it was prominently before the public at tho the time mr cluffs opinion was rendered and withheld from publication at dr jen 18 sens ens request it has been up several times since as an Is evidenced by inquiries made at various state offices continued on page 4 column one religious use of schools not illegal dr jensen holds hold s continued from page 1 column five u 4 which aro are referred to dr Je neona orice office because the law makes dr jonsen jensen legal adviser of school districts ta such inquiries have boon been received rec olred from far apart sources with 1 ja tho the pact past month tho the foregoing Is a straightforward statement of facie concerning there need be no comment t except that the general public should 4 0 BOV now be fully advised as to my rea sons OR for withholding mr cluffs 1 opinion asom publication tim the fact la Is that while I 1 incurred in part with the principles laid down there an 1 I 1 nevertheless ae as the legal ad visor of boards of education did not feel justified in releasing it tor for pub 01 cation without submitting in con lection therewith my dissent regard ing certain portion portions thereof and this I 1 hesitated hoalt atod to do for I 1 was loth to roveal reveal tho the fact thai that I 1 held hold view views counter to somo some of tho the principles laid down and promulgated by abo aa attorney general nor did 1 I caro care to bo be hold responsible for tho the far roach lne inc effect and the inconvenience tin unjustly justly imposed on perhaps thousands of our citizens ne as a result oc of an advised ill opinion based baaed As I 1 believe bol lovo on an extravagant or I 1 strained construction of our state constitution gutlon but now duo due to tho the fact that mr cluffs opinion bae has been boon released by someone and published even though thia this has been done w without t hout my knowledge or consent I 1 havo have no alternative other than to take tho the public into my confidence and frankly express ray my views to them and in a doing no I 1 wish it distinctly understood der stood thai that I 1 yield no principle ol 01 patriotism or fealty to our state constitution ution nor do I 1 disavow my convictions vict ioni ions regard re gardini lii the necessity of an absolute divorcement for foe separation t of church and state mr duff cluff first cites a portion of section 4 article 1 of the constitution an a basis upon which his hill con clu elone are founded and in justification fi of my views I 1 shall quote tho the same provision which reads ae an f foll allows no public tifoney money or property shall bo be appropriated for or applied to any religious worship exorcise exercise or instruction or for tho support of any ecclesiastical establishment alter after quoting tho the tore foregoing going mr cluff then cites section 13 10 which will also servo my purpose this section roads as follows neither either tho the legislature nor any county city town school district or other public corporation shall make any appropriation to aid in the support of any school seminary academy college university or other in controlled in whole holo or in part by any church sect or denomination whatever following the foregoing mr cluff quotes from chapter 95 9 neg slon sion laws of utah 1421 1921 which reads as follows section 1 it shall bo be unlawful to teach in any of tho the district schools of at this state while in session any atheistic sectarian religious or denominational doctrine and all such schools shall bo be free from sectarian control section 2 nothing in this net act shall be deemed jo 0 o prohibit the tho gly ins ing of any moral instructions tending to impress the of the pupils the importance Import anco ana necos elty of good manners truthfulness temperance per anceO purity patriotism and industry but such instruction shall be given in connection with regular school work in commenting on tho foregoing mr cluff avers as follows these various provisions of the constitution and the laws of this state make vake it perfectly clear that school boards cannot permit any religious organization to use the prop erty or buildings of the school when such use would in any manner in with or impose upon the regular school work I 1 believe also these provisions make it clear that the school boards would have no authority to permit tho the use of dt school buildings or school property by any religious organization for religious purposes tho the conclusions of tho the attorn attorney ex general as set forth in the forepart of the preceding paragraph seem to 0 o e amply justified by tho the provisions at af the constitution and laws of at our oue state previously quoted and in view of this circumstance I 1 respectfully concur with this part of bin hits opinion on tho the other hand in simple justice to no not tonly only the taxpayers but also to tens oc at thousands of the citizens of our state I 1 feel in duty bound to dissent from the prin J caples laid down in the latter part of said paragraph viz 01 1 I 1 believe also these provisions make it clear that tho the school board would have no authority to permit the use of school buildings or school property by any religious organization for religious purposes in justification of at the foregoing conclusions mr cluff not only cites the provisions of the state elate constitution and laws previously quoted herein but ho he also cites the definition of two words used in section 4 article I 1 of the constitution viz 1 support and 2 apply as follows Il alto support to the act state tat or operation p oc of supporting upholding or sustaining to furnish with means to carry on to enable to continue apply to put to us to use or employ tor for a particular purpose or fit 10 a particular case to appropriate to devote to make uso of just why mn cleft should have selected the definition of word words go UP P port part and apply to tho the exclusion of tho word appropriated an a baele basis upon which 0 0 formulate bis hl opinion passes my comprehension tho the words appropriated and applied aro are so rotated related in section 40 4 arciclo I 1 of the constitution that they seem to convoy convey vury very clearly tho the intent to prohibit abo permanent setting apart apah or eving of any public money or prop eriv for religious worship Jp etc the word appropriated clearly moans means a permanent pas sInic of title while the word applied to closely 11 connected biti the tha word wom appropriated itcan sonie and continuous uku use arr religious purposed I 1 assume therefore thai that the forego ing ng provides a consistent basis upon which to determine ilu tho intent of the framers of tho the constitution tho the words support and applied cro each very ordinary commonplace words but Inas inasmuch us their has boon been given mora or less I 1 shall also take talce tho liberty of quoting ono of weh torb of at tho the word appropriate or appropriated which roads as follows 11 appropriate to set apart formally or officially As fis by legislative act for a particular Dur purpose pose as congress money ae As previously quoted the constitution provides jn n part as ali fOlIO follows WB no public money or property ahall shall bo appropriated for or applied i to any religious warship exercise or instruction or for tho the support of any ecclesiastical establishment the foregoing applies to boards of education or babool districts aa no Is evidenced by section 13 article 10 of tho the constitution which as all follows 11 neither the legislature nor any county city town school dist district act or other public corporation ahall shall make any appropriation to aid in the eup rup port of any school seminary academy college col leco university or other institution ution controlled in cholo or in part by any church beet sect or denomination whatever in conformity with the constina cons titu tita lion tho legislature passed a law which Is designated ns as chapter 95 session laws of at utah 1921 section 1 I which reads aa as follows it shall bo be unlawful to teich in any of tho the district schools of this state whilo while in session any atheistic infidel sectarian religious or da nomi national doctrine and all such schools shall bo be free from sectarian control to summarize the provisions of at our state constitution clearly prohibit boards of education from appropriating pria ting either public money or property tor for the use benefit or dr support of any church sect or denomination but do not prohibit them from accepting or receiving money or other valuable considerations from religious or other reputable organizations for rental or school buildings nor in turn to apply or use the money thus obtained for the benefit of at the schools there is a statutory inhibition against tho the teaching of any atheistic infidel sectarian religious or denominational nomi national doctrine in any of the public schools of this state while in session but at least by inference such doctrine may bo be taught in any public school building when not occupied for school purposes tho the foregoing conclusions seem to bo be further and fully justified by chapter 87 session laws of utah 1923 which is the last expression of at the state legislature upon the subject and which reads in part as follows all boards of at education of school districts are hereby authorized and empowered to permit school houses when ahen not occupied for school purposes and when the use thereof will not interfere in any way with school purposes to be used for any tiny purpose that will not interfere ith the seating or other furniture or Dro property perty and shall make such charges for the use of same as it may decide to bo be just but for any such use or privilege the district shall abot bo be at any expense for fuel or for services cervices of any kind or nature provided that public school houses chall not be used for commercial purposes urpo aes the attorney general seems to bave entirely overlooked the fact that the governor and the legislature of this state at its last session by the enactment of chapter 87 just quoted gave th tho constitutional provision under consideration a con truc tion which Is in perfect harmony with the interpretation I 1 have alven it he has also overlooked ho he fact that a construction so placed upon a constitutional provision by the executive and legislative departments Is entitled to great weight that ministerial officers are arc expected to follow tho statutes until they aavo aa been declared y the courts that the presumptions aro are always in favor of the constitutionality tiona lity of a statute and that the courts never hold a statute to be in conflict with the constitution it they can upon any reasonable ground avoid it after a most careful study of all chose various provisions I 1 am forced to the conclusion that there is nothing therein calculated to prohibit any board of at education from front renting a a school bull building ding to any church or other organization for the purpose of worship or any other exercises of a religious nature nit ture when the building Is not seeded needed or in use for school purposes nor do I 1 belleve that either tho trainers framers a 0 tho ton ution or the legislature t ever ver in teli ended cled that a tablet altner real or imaginary mag inary be placed over the entrance to any school house bearing r ome some such inscription aa as the bolow ing this school building is fa awil arail ablo able for poetical poM poW meetings and all other functions of at a general public character but the teaching herein of at christ and him Is strict ly y prohibited |