As a large number
of New Hampshire's nonpublic
schools are religious,
opponents of school choice have challenged the program under, among other things, an 1877 amendment to the state constitution
frequently referred to as a Blaine Amendment.
But as with the Blaine amendments, as I said, these can be construed — they don't have to be, and
frequently have not been, but they can be construed — in just the same way that the
opponents of parental
choice programs wanted the federal Establishment Clause construed, and would like the Blaine amendments construed, namely, to apply to assistance to families that use that assistance to attend a religious
school, in a free and independent
choice.