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ERIC Number: EJ870619
Record Type: Journal
Publication Date: 2009
Pages: 22
Abstractor: As Provided
Reference Count: 74
ISBN: N/A
ISSN: ISSN-1558-2159
School Choice and State Constitutions' Religion Clauses
Komer, Richard D.
Journal of School Choice, v3 n4 p331-352 2009
After the U.S. Supreme Court's decision in "Zelman v. Simmons-Harris," only state religion clauses represent a potential constitutional bar to the inclusion of religious options in properly designed school choice programs. The two most significant are compelled support clauses and Blaine Amendments. Both are frequently misinterpreted by state courts as applied to school choice when courts take language intended to prevent the provision of aid to religious institutions and apply it to programs aiding individuals and families. Through a historical analysis of their genesis and a legal analysis of related case law, this article demonstrates why the provisions are misinterpreted. The article concludes with a discussion of implications of the history and case law for contemporary school choice programs, noting that in many states these misinterpretations render tax credit programs the preferable alternative for school choice programs. (Contains 24 notes.)
Routledge. Available from: Taylor & Francis, Ltd. 325 Chestnut Street Suite 800, Philadelphia, PA 19106. Tel: 800-354-1420; Fax: 215-625-2940; Web site: http://www.tandf.co.uk/journals
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A