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SCOTUS PERMITS ARIZONA CREDIT FOR RELIGIOUS SCHOOLS ON TECHNICAL GROUNDS

Posted by Admin Posted on Apr 05 2011

A divided US Supreme Court ruled that plaintiffs in an Arizona case do not have standing to challenge an Arizona income tax credit for contributions to school tuition organizations.  The statute says the organizations can limit their scholarships to students of a particular religious affiliation.

The Courts decision did not say the credit itself is acceptable under the First Amendment, but that the plaintiffs did not have standing as mere taxpayers to challenge the credit.  The majority concluded that granting a tax credit is not the same thing as spending tax dollars.

The decision creates a hurdle in cases where taxpayers object to how tax money is spent, but the minority acknowledged that plaintiffs could bring cases under other theories of standing.

 

 

 

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