Lord, please protect the Tuition Tax Program in Arizona. May the tax credit remain for private organizations that make donations for provide scholarships to private schools.
The Supreme Court will consider ending a lawsuit backed by the American Civil Liberties Union (ACLU) that challenges Arizona’s tuition tax program.
The high court will hear the case after supporters in Arizona filed a petition, asking justices to reverse portions of a ruling by the Ninth Circuit Court of Appeals, which determined parts of the program to be unconstitutional. The program allows residents to claim a tax credit for donations to private organizations that provide scholarships to private schools.
The Alliance Defense Fund (ADF) is defending the program, and attorney David Cortman believes the ACLU has a flimsy case.
“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,” he contends. “Religious schools under the law should be treated the same as other schools, which is exactly what this law does.”
ADF will argue before the justices that the plaintiffs have suffered no legal injury.
“In other words, the fact that they disagree with the program or claim that it violates the so-called ‘separation of church and state’ is not a sufficient legal injury to bring a challenge here,” Cortman explains.
He concludes that Arizona’s tuition tax program “is one of several popular school choice programs that offers Arizona kids real educational opportunities.”