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March 25, 2009
Arizona Supreme Court
Ruling in Cain v. Horne
On March 25, 2009, the Arizona Supreme Court ruled unanimously
that two school-voucher programs designed to assist children with
disabilities and children in foster care are unconstitutional. According
to the ruling, the voucher programs violate state constitutional
provisions which prohibit the use of public money to aid private schools
and religious establishments. Approximately 500 students are currently
enrolled in one of the two voucher programs; those students will continue
to receive vouchers to allow them to finish the year at their current
schools.
In the ruling, the Arizona Supreme Court stated that the
programs in fact violated two distinct provisions of the state
Constitution the prohibition on aid for private and religious
institutions and the religion clause, which outlines the separation of
church and state. The Court determined that the voucher programs provided
unlawful state aid to private or sectarian schools, despite the fact that
voucher payments are made directly to parents.
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