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Zellers v. Huff
The Dixon School Case (''Zellers v. Huff''〔''Zellers v. Huff'', 55 N.M. 501, 236 P.2d 949 (1951)〕) was a lawsuit started in 1948 in New Mexico contesting the use of nuns, religious brothers and priests as teachers in publicly supported schools under the First Amendment to the United States Constitution. The case involved thirty schools in eleven New Mexico counties, twenty-eight plaintiffs, two hundred defendants, and public expenditures to the schools of over $600,000 annually.〔Archer, Glenn L. (1 January 1949) ("Personal Observations on the Dixon School Case" ) ''Liberty: A Magazine of Religious Freedom'' 44(1): pp. 12-13〕 Following on the heels of the U.S. Supreme Court's decision in ''Everson v. Board of Education'', which applied First Amendment freedoms to state as well as federal law, the Dixon School Case was the first state case to implement separation of church and state in public schools, and was watched with interest nationally.〔〔Pfeffer, Leo (1967) ''Church, state, and freedom'' Beacon Press, Boston, Massachusetts, pages 545-549〕〔MacDougall, Curtis Daniel (1952) ''Understanding public opinion: A guide for newspapermen and newspaper readers'' Macmillan, New York, page 532〕〔Holscher, Kathleen A. (2008) ''Habits in the classroom: A court case regarding Catholic sisters in New Mexico '' Doctoral Dissertation, Department of Religion, Princeton University, page ''iii'', (Abstract and Introduction ) from Scribd〕
==History==
In Dixon, New Mexico in 1941, the school board closed the public school and recognized the parochial St. Joseph's Catholic School as the only public school in the jurisdiction. Protestant parents complained to no avail, and then formed the Dixon Free Schools Committee under the leadership of one Lydia Zellers. After getting nowhere with state and local officials,〔Staff (21 January 1948) "Official Probes School Fuss In Dixon Area" ''Santa Fe New Mexican'' page 1, column 4 and page 7, column 3〕 the group filed suit in April 1948.〔Holscher, Kathleen A. (2008) ''Habits in the classroom: A court case regarding Catholic sisters in New Mexico '' Doctoral Dissertation, Department of Religion, Princeton University, page 2, (Abstract and Introduction ) from Scribd〕 The dispute had become broader than just the Dixon school district and included twenty-nine other schools across the state. The first named defendant was Raymond Huff, the chairman of the New Mexico Board of Education.〔Holscher, Kathleen A. (2008) ''Habits in the classroom: A court case regarding Catholic sisters in New Mexico '' Doctoral Dissertation, Department of Religion, Princeton University, page 3, (Abstract and Introduction ) from Scribd〕 The defendants included Governor Thomas J. Mabry, as well as 145 priests, nuns and brothers of Catholic religious orders.〔Staff (27 September 1948) "Dixon School Suit Opens in Santa Fe" ''The Gallup Independent'' page 1, column 3〕
The initial trial was held on September 27 to October 7, 1948, in the district court in Santa Fe, New Mexico, before Judge E. Turner Hensley of Portales.〔〔 Judge Hensley ruled that the teachers and administrators had failed to uphold the separation of church and state and that the religious teachings and settings had significant indoctrinating influence on the students.〔 After additional hearings in spring 1949 he granted an injunction against the Roman Catholic Church prohibiting 139 named religious members from teaching in state schools.〔Staff (15 February 1951)("Dixon Case" ) ''The Baptist Messenger'' p. 15〕〔Staff (22 June 1949) "Catholic Orders Barred From NM Public Schools - Judgment Climaxes Dixon School Case" ''El Paso Herald-Post'' page 1, column 4〕 The church appealed to the New Mexico Supreme Court〔 which upheld Judge Hensley's rulings in September 1951,〔The Guardian News Commentator (15 December 1951) ("Dixon School Case Closed" ) ''The Presbyterian Guardian'' p. 238〕 but broadened the ruling to include a prohibition against wearing religious garb as a teacher, doctrinaire textbooks in public schools, public transport to parochial schools, and publicly provided textbooks in parochial schools.〔
Both the Catholic Church and the state of New Mexico declined to take an appeal to the Supreme Court of the United States.〔Staff (20 December 1951) "No Appeal Dixon School Case" ''The Baptist New Mexican'' page 10〕
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