An interesting article from the Catholic News Agency on the case before the Supreme Court challenging the Arizona tax credit program.

In 2002, the Supreme Court ruled that a school voucher program in Ohio which gives parents a tuition grant to be used toward a range of secular or religious schools did not violate the establishment clause. In April 2009, however, a panel of judges on the 9th  U.S. Circuit Court of Appeals ruled that the Arizona tax credit program might still amount to an establishment of religion.

The Obama administration disagreed—noting that the Arizona statute does not privilege religious education, and maintaining that it passes the constitutional test at least as easily as the Ohio vouchers. As the high court heard oral arguments in the case on November 3, Justices Antonin Scalia, Samuel Alito, and Chief Justice John Roberts seemed to agree with the White House’s position.

In a strong gesture of support for the Christian tuition organization, acting U.S. Solicitor General Neal Kaytal said opponents of the tax credit had no case. “Not a cent” of taxpayers’ money was even indirectly funding religious schools, the solicitor general observed. “Not a fraction of a cent … As you track the taxpayers’ dollars, it doesn’t actually fund any religious program.”

Thus, the Obama-appointed solicitor general said, challengers of the Arizona law could not bring a complaint as taxpayers, nor could they claim an establishment of religion.

Expect to hear more about this…

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