The ESA does not result in an appropriation of public money to encourage the preference of one religion over another, or religion per se over no religion. Any aid to religious schools would be a result of the genuine and independent private choices of the parents.Nor does the program violate Article 9, Section 10 of the Arizona Constitution that provides: "[n]o tax shall be laid or appropriation of public money made in aid of any church, or private or sectarian school, or any public service corporation." Here, according to the court: "The specified object of the ESA is the beneficiary families, not private or sectarian schools."
The Arizona Daily Star reports on the decision.