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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Cain v. Horne
Citation:
202 P.3d 1178 (2009)Facts
In 2006, the Arizona Legislature enacted two voucher programs: the Arizona Scholarships for Pupils with Disabilities Program and the Displaced Pupils Choice Grant Program, each appropriating $2.5 million in state funds. These programs allowed eligible students to attend private schools, including sectarian schools, with the state issuing checks or warrants to parents or guardians who were required to restrictively endorse them to the selected qualified school. Both programs permitted sectarian and nonsectarian schools to participate without requiring alteration of their religious practices or curriculum. The state disbursed funds directly from the treasury, which parents then endorsed to the schools their children attended. Virgel Cain and other taxpayers filed suit challenging these programs as violating Arizona’s constitutional provisions prohibiting public funding of private and sectarian schools.
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