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ERIC Number: ED520206
Record Type: Non-Journal
Publication Date: 2004-May
Pages: 19
Abstractor: ERIC
Reference Count: N/A
The Constitutionality of School Choice in New Hampshire
Douglas, Charles G., III; Komer, Richard D.
Milton & Rose D. Friedman Foundation
Does a "school choice" program, under which state funds are disbursed on a neutral basis to parents in the form of a voucher to defray the cost of sending their children to a school of their choice, run afoul of the Establishment Clause of the First Amendment to the United States Constitution, or of the New Hampshire Constitution? No. A school choice program that is purposely designed to be neutral with respect to religion, and which provides only incidental and indirect benefits to a religious sect or religion in general, benefits that are purely the result of the choices of individual citizens receiving state funds, does not violate the religion/state separation provisions of either the United States or New Hampshire Constitutions. In this paper, former New Hampshire Supreme Court Justice Charles G. Douglas III lays out the case for the constitutionality of school choice under New Hampshire's constitution, and Richard D. Komer documents the history of New Hampshire's "Blaine Amendment." (Contains 10 footnotes.) [Foreword by Charles M. Arlinghaus.]
Milton & Rose D. Friedman Foundation. Available from: Foundation for Educational Choice. One American Square Suite 2420, Indianapolis, IN 46282. Tel: 317-681-0745; Fax: 317-681-0945; e-mail:; Web site:
Publication Type: Legal/Legislative/Regulatory Materials; Reports - Evaluative
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Milton & Rose D. Friedman Foundation
Identifiers - Location: New Hampshire; United States
Identifiers - Laws, Policies, & Programs: Establishment Clause; First Amendment; United States Constitution