While the United States Supreme Court has ruled that publicly funded school vouchers are constitutional under the First Amendment's Establishment Clause, most state constitutions contain a version of the so - called «Blaine Amendment,» which bars state aid to parochial schools. (educationnext.org)
In addition, most state constitutions also contain an older «compelled support» clause, which forbids compelling taxpayers to support religious institutions through public funding. (educationnext.org)
While the U.S. Supreme Court has held that education is not a «fundamental interest» under the federal constitution, most state constitutions promise children access to an adequate education. (educationnext.org)