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Religion & Law

: Constitutionally Correct

In the courts: Voucher battle redux

By Alliance Alert

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David Masci, Senior Researcher, Pew Forum on Religion & Public Life: "On Nov. 3, 2010, the U.S. Supreme Court will hear oral arguments in a pair of related cases involving a constitutional challenge to an Arizona tax policy aimed at providing scholarships for children to attend private -- often religious -- schools. The cases, Arizona Christian School Tuition Organization v. Winn and Arizona Department of Revenue v. Winn, involve a state tax credit for Arizona residents who contribute money to what are called scholarship tuition organizations (STOs), nonprofit groups that use taxpayer contributions to provide scholarships for children to attend private schools. Opponents of the tax credit contend that it violates the Establishment Clause of the First Amendment to the U.S. Constitution because, in their view, it allows the state to channel public money to religious schools. Those defending the tax credit maintain that it meets the constitutional standards set by the Supreme Court in Zelman v. Simmons-Harris, the 2002 ruling which upheld a school voucher program in Cleveland, Ohio. Before deciding the Establishment Clause issue, however, the court will consider whether those challenging the tax credit have legal standing, which is the right to bring such a lawsuit."

Full post as published by Constitutionally Correct on October 19, 2010 (boomark / email).

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