Tag: blaine

A Victory for Religious Liberty and Educational Choice in Nevada

 

School ChoiceDismissing a challenge from the ACLU, yesterday Las Vegas District Court Judge Eric Johnson ruled that Nevada’s education savings account (ESA) program is constitutional. Nevada parents who opt out of the public school system can receive ESAs into which the state deposits a portion of the funding that the state would have provided had their child attended a public school. Parents can then use the ESA funds on a wide variety of approved educational expenses, including private school tuition, tutoring, text books, homeschool curricula, online learning, educational therapy, or even college courses.

The ESA program was set to go into effect this year, however, it is still on hold due to a second lawsuit in which a judge issued an injunction halting administration of the program. That case is currently pending before the Nevada Supreme Court, and it is possible that the two legal challenges will be merged.

The ACLU challenged the ESA law on two central grounds, claiming that it violated the Nevada Constitution’s “uniformity” clause and the state’s historically anti-Catholic Blaine Amendment. Siding with the state of Nevada and the Institute for Justice, the court rejected these claims.