Liberal efforts to end state aid to religious schools were made more difficult today with the Supreme Court’s 5-to-4 decision in Arizona Christian School Tuition Organization v. Winn (you can download a .pdf of the ruling here). The conservative majority ruled that the plaintiffs lacked the standing to sue. They had sought to end an Arizona program that gives taxpayers a state tax credit of up to $500 for donations to scholarship programs for students at private schools, including those specifically intended to help religious schools
Those who sued the state were not in any way injured by the tax credit given to others, the court said, and thus they had no standing. Although the broadly popular credit is similar to programs in other states, teachers’ unions and other liberal groups who are offended by religious schools’ receiving even indirect aid opposed it. They prevailed in the Arizona Supreme Court and the 9th Federal Circuit but were beaten at the Supreme Court.
While the issue appears to be the traditional tilt between extreme church-state separationists and those who hold that state aid for private and religious schools is both constitutional and good public policy, the issue was actually decided on a slightly different point: does even a state credit in which the taxpayer gets to keep more of his money to spend as he likes constitute an government allocation of funds?



