No religious test shall ever be required as a condition of admission into the public schools or any educational institution of this state, either as a teacher or student, and no teacher or student of such school or institution shall ever be required to attend or participate in any religious service whatsoever.
Notes to Decisions
Children.
Because the evidence established the intent on the part of certain defendant teachers, nuns and brothers in Roman Catholic parochial schools that were supported by public funds within a public school system, to violate former § 55-1102, 1941 Comp., which forbade the use of any sectarian or denominational books in the schools or the teaching of sectarian doctrine in the schools, the Supreme Court of New Mexico determined that the certain defendant teachers were forever barred from teaching in the public schools, that religious garb and religious insignia could not be worn by teachers while teaching in public schools, and that a church could not be permitted to operate a school system within the public school system; the schools in question violated the separation of church and state provisions of U.S. Const. amends. I §§ XIV and the provisions of N.M. Const. art IX § 14, art. XII, §§ 3, 9, and art. XXI, § 4. Zellers v. Huff, 1951-NMSC-072, 55 N.M. 501, 236 P.2d 949, 1951 N.M. LEXIS 773 (N.M. 1951).