Not an endorsement of religion: Court should uphold tax-credit program for donors to scholarships of their choice.

Tim Keller of the Institute for Justice writes at the National Law Journal: “The validity of tax deductions and credits for donations to educational and religious charities under the U.S. Constitution — including direct benefits to religious entities in the form of tax exemptions — has been settled for decades. But Winn v. Arizona Christian School Tuition Organization, a U.S. Court of Appeals for the 9th Circuit case, defies established precedent and casts a dark cloud over proposed and existing tax credits in states across the nation. The U.S. Supreme Court should grant certiorari and overturn the ruling . . . the 9th Circuit disregarded the legislative history and held that the private decisions of some taxpayers to donate to religious organizations constitute evidence that the legislature intended to advance religion. How can giving taxpayers a choice evince a governmental motive to advance religion? . . . “