What is the effect of state constitutional provisions prohibiting the use of public funds in private or religious schools?
Many state constitutions contain prohibitions against the use of public funds to support or benefit religious schools or institutions. The language and interpretations of these provisions varies widely, and school choice advocates should review them carefully. Although the language of these provisions often appears more restrictive than the First Amendment, in reality they frequently are not. For the First Amendment itself is interpreted as prohibiting “support” of religious schools, as contrasted with aid to students — precisely the distinction drawn by many state constitutions. The Wisconsin, Ohio and Arizona Supreme Courts all upheld school choice programs under state religious establishment provisions. In fact, the Arizona Supreme Court declared that such provisions should be construed in light of the anti-Catholic animus that inspired many of them (the so-called “Blaine amendments”). However, the Vermont Supreme Court, which upheld the reimbursement of religious school tuition un
