Arizona Supreme Court Invalidates Two School Voucher Programs

In Cain v. Horne, (AZ Sup. Ct., March 25, 2009), the Arizona Supreme Court held that two school voucher programs-- one for children with disabilities and the other for children in foster care-- violate the state constitutional prohibition on appropriating public money in aid of any private or sectarian school. (AZ Const., Art. 9, Sec. 10). The court concluded that this "Aid Clause" is neither a mirror image of the provision in Art. 2, Sec. 12 of the state constitution that bars the appropriation of public money for religious instruction, nor is it identical in scope to the federal Establishment Clause. Focusing on the Aid Clause, the court stated:

For all intents and purposes, the voucher programs do precisely what the Aid Clause prohibits. These programs transfer state funds directly from the state treasury to private schools. That the checks or warrants first pass through the hands of parents is immaterial; once a pupil has been accepted into a qualified school under either program, the parents or guardians have no choice; they must endorse the check or warrant to the qualified school.

Arizona Capitol Times reported on the decision yesterday.