Establishment Clause - school vouchers - Wisconsin Supreme Court upholds Milwaukee Parental Choice Program
Article Abstract:
The Wisconsin Supreme Court in Jackson v. Benson in 1998 sustained the constitutionality of the Milwaukee Parental Choice Program (MPCP), a publicly funded school voucher program extended to religious schools. MPCP was challenged as a violation of the Establishment Clause, but the Court sustained it as aiding religious schools neutrally and indirectly. However, the Court's ruling was premature, inconsistent with precedent, and fraught with the risk of excessive entanglement between church and state.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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Constitutional law - establishment clause - Tenth Circuit holds that city may deny opportunity to deliver proselytizing legislative prayers
Article Abstract:
The US 10th Circuit Court of Appeals' ruling in Snyder v. Murray City Corp., that a city could deny an individual an opportunity to deliver a prayer during a city council meeting because the prayer criticized city policies, was not consistent with the Supreme Court's treatment in Marsh v. Chambers of 'legislative prayer." By distinguishing between acceptable and unacceptable prayer content, the appeals court may have undermined the long-standing tradition, which Marsh sought to preserve.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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Constitutional law - Sixth Circuit holds that school voucher program violates the Establishment Clause
Article Abstract:
A US 6th Circuit Court of Appeals ruling invalidating an Ohio church-affiliated school voucher program on the ground that it violated the First Amendment of the Constitution is discussed. The case involved the program's overwhelming benefit to church schools and uncertainty about the presence or absence of parental choice.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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