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Civil rights Keyed to Jeffries, 5th Ed.
Hibbs v. Winn
Citation:
542 U.S. 88 (2004)Facts
Arizona law authorized income-tax credits for payments to “school tuition organizations” (STOs), which are nonprofit organizations that direct money in the form of scholarship grants to students enrolled in private elementary or secondary schools. Under Arizona Revised Statute § 43-1089, taxpayers could receive a dollar-for-dollar tax credit of up to $500 ($625 for married couples filing jointly) for contributions to STOs. The statute required STOs to disburse at least 90% of contributions as scholarship grants and prohibited them from designating schools that discriminate based on race, color, handicap, familial status, or national origin. However, STOs were not precluded from designating schools that provide religious instruction or give admissions preference based on religion. A group of Arizona taxpayers filed suit in federal court, alleging that the tax credit program violated the Establishment Clause by authorizing the formation of agencies that distribute state funds to children attending religious schools. They sought injunctive relief to prohibit the Director from allowing taxpayers to use the tax credit for payments to STOs that make tuition grants to children attending religious schools.
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