Tag Archives: ZZ: Arizona Christian School Tuition Organization v. Winn

Religion Clause Blog: “It denied certiorari in Association of Christian Schools v. Stearns, (Docket No. 90-1461). In the case, the 9th Circuit rejected constitutional challenges to the University of California’s admissions policy . . .  In Garriott v. Winn (Docket No. 09-991) along with Arizona Christian School Organization v. Winn (Docket No. 09-987), — both on the Court’s docket for this term– the Court granted the motion of the Acting Solicitor General to participate in oral argument . . . ”

SCOTUS Blog makes note of the order in this morning’s live-blog coverage and the order is posted here.

ADF Attorney David Cortman writing at Speak Up Movement / Church: “There are several issues involved in the Arizona Christian School Tuition Organization v Winn case that is before the U.S. Supreme Court. One of them that is being argued by ADF is whether the ACLU’s taxpaying plaintiffs have any right to even challenge the program. We think not.”

ADF Attorney Gregory S. Baylor writing at Speak Up Movement / University: “As readers of this blog know, one of the primary threats to religious freedom in the U.S. right now is the application of religion and sexual orientation ‘non-discrimination’ rules to religious organizations . . . At first glance, the claims made in the Winn case seem to have little in common with these distressingly common assaults on associational freedom. However, upon closer inspection, the similarities emerge. In essence, the ACLU and its clients in the Winn case object to the exercise of religious associational freedom.”

ADF Attorney David Cortman writing at Inside the Issues: “It has been ADF’s position throughout this case that the plaintiffs, whose sole basis for standing is that they are taxpayers, ‘suffer’ no personal injury. Plaintiffs only claim of injury is that the amount in the public treasury is lessened by the state allowing taxpayers to take tax credits for donations to private 501(c)(3) organization called STOs . . . Second, the ‘injury’ is hypothetical and speculative. It is just as likely, as the Supreme Court, has so held, that the purpose of tax breaks, such as tax credits and deductions, is to spur economic activity. Although less tax may be collected, it is often more than offset by other revenue creation.”

ADF’s Weekly Update is on YouTube here: http://www.youtube.com/watch?v=3l-tD8G2g4E

Freedom From Religion Foundation: “It’s wrong to fund religious schools with taxpayer dollars, say the Freedom From Religion Foundation and other advocates for state-church separation in an amicus brief filed in a case before the U.S. Supreme Court. In Arizona Christian School Tuition Organization v. Winn, the court will consider if an Arizona tax credit for donations to groups that offer scholarships to attend private schools is constitutional. The groups are called School Tuition Organizations (STOs).”

SCOTUSblog: “The Supreme Court on Monday released the schedule of oral arguments to be heard in the two-week session that begins on Monday, Nov. 1 . . . Tues., Nov. 2: . . . Sossamon v. Texas (08-1438) — immunity of state officials to money damage lawsuits for violating prison inmates’ religious freedom (J. Kagan recused) . . . Wed., Nov. 3: . . . Arizona Christian School Tuition Organization v. Winn (09-987) and Garriott v. Winn (09-991) — constitutionality of state tuition tax credit for private school tuition; also, issue on standing to sue (cases consolidated for 1 hour of argument)”

Law.com: “‘ . . . ‘I think there are two explanations, and one is dominant,’ Bolick suggested for the influx of Arizona cases. ‘Arizona is taking the concept of states being the laboratories of democracy very seriously on multiple fronts . . . We have a legislature that is risk-taking and innovative . . . The second “less significant reason, but nonetheless still very significant reason” is that Arizona resides in the U.S. Court of Appeals for the 9th Circuit, said Bolick.’ . . . The Institute, which has an Arizona affiliate, is representing not only the Arizona Freedom Club PAC in the campaign finance case, but also is involved in the school choice tax credit case — Arizona Christian Tuition Organization v. Winn (combined with Garriott v. Winn).”

Baptist Press: “The Southern Baptist Ethics & Religious Liberty Commission has asked the U.S. Supreme Court to uphold an Arizona program that allows tax credits for scholarship donations contributed to religious organizations . . . The Alliance Defense Fund (ADF) appealed the Ninth Circuit opinion to the Supreme Court on behalf of the Arizona Christian School Tuition Organization. The high court not only granted the request for review from ADF but one from the state of Arizona as well. The cases — Arizona Christian School Tuition Organization v. Winn and Garriott v. Winn — have been consolidated for the justices’ review.”

Liberty Counsel Press Release: “Liberty Counsel filed an Amicus Brief with the U.S. Supreme Court in Arizona Christian School Tuition Organization v. Kathleen M. Winn. The case involves parents that challenged an Arizona school choice law that provides dollar-for-dollar tax credits to taxpayers who make contributions to independent organizations, which in turn grant scholarships to attend private schools.”

OneNewsNow: “The high court has agreed to hear the case, and in the opening brief, Alliance Defense Fund (ADF) attorneys made two essential arguments. ‘One of those is that the plaintiffs do not have a constitutional injury . . . [David Cortman] goes on to report that the second argument his firm presented was ‘that this is a neutral constitutional program that allows taxpayers to decide what private 501(c)(3) organizations they want to donate to voluntarily to then support private schools that are both religious and non-religious.’” | ADF News Release

“The brief asks that the suit be dismissed because the opponents have not proven that they have suffered any legal injury that would give them standing to sue over the state’s tuition tax credit program.”

ADF attorney Jeremy Tedesco appeared on the Drew Mariani Show (Relevant Radio) to discuss the Arizona school choice litigation pending at the U.S. Supreme Court. | MP3 10:16 mins | ADF Media information page

LA Times Editorial: “The United States has a long tradition of allowing tax breaks for charitable contributions, including donations to churches and other religious organizations. But the San Francisco-based U.S. 9th Circuit Court of Appeals has concluded that a program that offers tax credits for contributions to provide scholarships for private schools breaches the wall separating church and state. It’s a tortured decision that the Supreme Court rightly has agreed to review . . . ”

OneNewsNow: “The Supreme Court will consider ending a lawsuit backed by the American Civil Liberties Union (ACLU) that challenges Arizona’s tuition tax program . . . ‘Their entire argument is just because religious schools are included among the schools that receive this private money . . . somehow it violates the so-called “separation of church and state,” and that’s simply not the case,’ [ADF Attorney David Cortman] contends. ‘Religious schools under the law should be treated the same as other schools, which is exactly what this law does.’”

Albany Times Union: “The Christian legal group Alliance Defense Fund will defend Arizona’s tax-tuition program. ADF attorneys said the program ‘is constitutional because it involves individual, private choices and funding, not government action or money.’”

ADF attorney Jeremy Tedesco appeared on KJJZZ’s Here and Now with Steve Goldstein. Tim Keller of the Institute of Justice and Paul Bender of the ASU College of Law also appeared on the program. | MP3 13:06 mins

Crosswalk: “Religion News Service reports that the U.S. Supreme Court will review the constitutionality of an Arizona program that provides state tax breaks for donations to private school scholarship programs . . . The Christian legal group Alliance Defense Fund will defend Arizona’s tax-tuition program.”

CitizenLink | Drive Thru: “The U.S. Supreme Court’s recent decision to review a case involving an Arizona school choice program could have huge ramifications nationwide. And in Arizona alone, more than 27,000 school children could be impacted by the decision . . . So now the Alliance Defense Fund and other groups have asked the U.S. Supreme Court to review the case. It’s great news that the Court has chosen to do so. But there’s a lot at stake.”

ADF attorney David Cortman appeared on the Michael Medved Show to discuss the Arizona tuition tax credit litigation at the U.S. Supreme Court. | MP3 22:54 mins | ADF Media Information

ADF attorney David Cortman appeared on the Hugh Hewitt Show to discuss the Arizona tuition tax credit litigation at the U.S. Supreme Court. | MP3 5:31 mins | ADF Media Information

ADF attorney Mike Johnson appeared on the Frank Pastore Show to discuss the AZ tuition tax credit case and Idaho’s censorship of the Great Works of Western Civilization in public charter schools. | MP3 – 20:47 mins | ADF Media information in the AZ case | ADF Media information in the Idaho case

Baptist Press: “The Alliance Defense Fund (ADF) appealed the opinion to the Supreme Court on behalf of ACSTO. It denied Arizona’s program violates the establishment clause, since it deals with private choices and donations. ADF asked the high court to overturn the Ninth Circuit decision because the foes of the program have suffered no injuries and have no legal standing to challenge it. ‘This program is neutral; the state never touches the private money involved…,’ ADF senior legal counsel [David Cortman] said in a written statement.” | ADF News Release

ADF Attorney David French writing at Phi Beta Cons: “Eight years after the Supreme Court ruled that Cleveland, Ohio’s school-voucher program was constitutional even when parents used vouchers to directly pay tuition at private, religious schools, the constitutionality of school choice is back before the Supreme Court, this time with a twist . . . As [Jordan Lorence] explains over at the Academic Freedom File, our assertion is that the plaintiffs have not suffered any harm as a result of the Arizona program, and without suffering any harm, they cannot challenge the constitutionality of the program.”

The Arizona Republic: “The U.S. Supreme Court on Monday agreed to review the constitutionality of an Arizona program that diverts state tax revenue into private-school scholarships . . . Supporters of the tuition tax-credit program say the tax money does not go directly to private and religious schools. Instead, donors can contribute to a variety of private-school-tuition organizations, including some secular ones, and parents decide which schools their child attends, said Jeremy Tedesco, an attorney with the Alliance Defense Fund, a Christian legal group that is helping defend the Arizona program.” | ADF News Release

Yuma Sun: “The nation’s high court will decide whether Arizonans can divert money they owe the state to help students attend private and parochial schools . . . Supporters of the tuition tax-credit program say the tax money does not go directly to private and religious schools. Instead, donors can contribute to a variety of private-school-tuition organizations, including some secular ones, and parents decide which schools their child attends, said [Jeremy Tedesco] . . .” | ADF News Release

School Law Blog: “The U.S. Supreme Court today agreed to weigh the constitutionality of a 13-year-old Arizona program offering tax credits for donations made to organizations that provide scholarships for children to attend private schools . . . ”

ADF Attorney Jordan Lorence writing at Speak Up Movement / University: “The Supreme Court today granted review in a case the Alliance Defense Fund has been litigating on whether Arizona’s school tuition tax credit program violates the Establishment Clause. Actually, the Supreme Court consolidated two cases, Arizona Christian School Tuition Organization v. Winn and Garriott v. Winn. You can find the court documents for the appeal here.”

Alliance Defense Fund attorneys will defend Arizona’s tuition tax credit program in the U.S. Supreme Court, the second time the matter has reached the high court in a lawsuit backed by the American Civil Liberties Union seeking to strike down the program.

The Court decided today that it would hear an appeal to a Ninth U.S. Circuit Court of Appeals decision that declared an Arizona school choice program unconstitutional.

“The case concerns an Arizona school choice program that has been serving low- and middle-income families for 13 years. The state grants a tax credit to individuals who donate to nonprofit entities that award scholarships for children to attend private schools — including religious schools . . . ”

SCOTUS Blog has published its most recent list of petitions to watch. The list includes 2 RLUIPA cases and a school choice case that should be of interest to ADF Alliance Alert readers.