School Choice and State Constitutions’ Religion Clauses
After the U.S. Supreme Court’s decision in Zelman v. SimmonsHarris, 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.
Related Cases
Wyoming School Choice
CHEYENNE — Today, on behalf of Wyoming families, the Partnership for Educational Choice, a joint project of EdChoice and the Institute for Justice, filed a motion to intervene as defendants in the lawsuit brought…

Educational Choice | Publicly Funded Scholarships
South Carolina ESAs
In 2023, South Carolina created the Education Scholarship Trust Fund (“ESTF”) program. This student aid program grants thousands of qualifying, low-income families a $6,000 scholarship that parents can use for educational expenses for their children—things…

Educational Choice | Publicly Funded Scholarships
Arkansas School Choice
In 2023, Arkansas’ education reform bill, known as the LEARNS Act, went into effect. The LEARNS Act created the state’s Education Freedom Accounts program, which provides eligible families with thousands of dollars to cover certain…