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Supreme Court rules in favor of Ariz. religious schools
cna ^ | April 5, 2011 | Marianne Medlin

Posted on 04/05/2011 9:49:03 AM PDT by NYer

The U.S. Supreme Court building in D.C.

Washington D.C., Apr 5, 2011 / 05:56 am (CNA).- In what's being lauded as a major victory for parental choice in education, the U.S. Supreme Court ruled that Arizona residents have a right to claim tax credit for donations to non-profit groups that provide scholarships to religious schools.

“Parents should be able to choose what’s best for their own children,” attorney David Cortman of the Alliance Defense Fund said. “This ruling empowers parents to do just that.”

On April 4, the high court ruled 5 – 4 to dismiss a lawsuit backed by the American Civil Liberties Union against an Arizona program that sought to promote school choice.

The case had pitted the Arizona Christian School Tuition Organization against a group of citizens charging that a 1997 government tax credit program amounted to a state establishment of religion. The program allowed taxpayers to donate money toward a variety of private scholarship foundations, rather than paying the same amount to the government through taxes.

The Arizona Christian School Tuition Organization is one of more than 50 non-profit groups that gives  donations in the form of scholarships to more than 27,000 students attending hundreds of private schools throughout the state.

The Christian legal group Alliance Defense Fund, which helped defend the tuition organization, argued that the Arizona program involves individual, private choices and funding, not government action or money. The group also argued that the program saves the state money and relieves some of the burden on overcrowded public schools.

The Supreme Court sided with the non-profit and dismissed the suit on Monday, ruling that the American Civil Liberties Union's clients did not have any legal standing to sue over someone else’s private donations.

The Alliance Defense Fund said that the decision creates a national precedent that will prevent similar legal action in the future.

“Parents should decide what schools their children attend and where their money goes,” said Cortman, who serves as Senior Counsel for the defense fund.

He said that the American Civil Liberties Union “failed in its attempt to eliminate school choice for hundreds of thousands of students nationwide and also failed to demonstrate that it had any constitutional basis for its clients to file suit in the first place.”

In a strong gesture of support for the Christian tuition organization last November, acting U.S. Solicitor General Neal Kaytal said that 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.


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: Arizona
KEYWORDS: children; christian; parents; taxes

1 posted on 04/05/2011 9:49:17 AM PDT by NYer
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To: netmilsmom; thefrankbaum; Tax-chick; GregB; saradippity; Berlin_Freeper; Litany; SumProVita; ...
Catholic Ping
Please freepmail me if you want on/off this list


2 posted on 04/05/2011 9:50:18 AM PDT by NYer ("Be kind to every person you meet. For every person is fighting a great battle." St. Ephraim)
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To: NYer

5-4 ...we’re hangin’ on by a thread.


3 posted on 04/05/2011 9:55:29 AM PDT by Tex-Con-Man
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To: NYer

“Not a cent” of taxpayers’ money was even indirectly funding religious schools, the solicitor general observed.

And yet 4 scurrilous, godless Supreme Court Justices still voted for the Civil Liberties Union.
Four justices said that private citizens cannot spend ( or donate ) their own money according to their own wishes.

We have 4 justices who not only do not understand that there is no separation of church and state in our Constitution, but are consummate NEA whores as well.


4 posted on 04/05/2011 10:06:26 AM PDT by A'elian' nation (Political correctness does not legislate tolerance; it only organizes hatred. Jacques Barzun)
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To: NYer

No reason these programs should not now be introduced in every state where the GOP holds power.


5 posted on 04/05/2011 10:13:49 AM PDT by MSF BU (YR'S Please Support our troops: JOIN THEM!)
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To: Tex-Con-Man
5-4 ...we’re hangin’ on by a thread.

Precisely right. The Constitution is already shredded and in tatters, which is why the liberals mock it all the time...of course they and their minions on the courts are the ones that did the fraudulent misinterpretations and crapping...we need a re-boot of the case-law history. Back to the beginning.

6 posted on 04/05/2011 10:21:18 AM PDT by Paul Ross (Ronald Reagan-1987:"We are always willing to be trade partners but never trade patsies.")
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To: Paul Ross

“we need a re-boot of the case-law history. Back to the beginning.”

Careful what you wish for. If 4/9 justices are willing to violate their oaths now, it won’t be any different if you get a “reboot”, and then they’d be able to make decisions on a whole bunch of issues that they can’t right now.


7 posted on 04/05/2011 11:59:42 AM PDT by Boogieman
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To: A'elian' nation
4 scurrilous, godless Supreme Court Justices

Let me guess--Breyer, Ginzburg, Sotomayor, and Kagan. Yep, those four.
8 posted on 04/05/2011 5:26:12 PM PDT by fifedom
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To: Boogieman

Uh, the ‘reboot” would require booting all liberals, progressives, and communists OUT of the judiciary as they have proved over and over that not a one of them can adhere to their oathe of office.


9 posted on 04/06/2011 1:25:10 PM PDT by Paul Ross (Ronald Reagan-1987:"We are always willing to be trade partners but never trade patsies.")
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To: Paul Ross

Ah, well that might work if you can figure out how to accomplish it. As Lennon said, “we’d all love to see the plan.”


10 posted on 04/06/2011 1:40:41 PM PDT by Boogieman
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