Sentences with phrase «constitutional establishment clause»

Not exact matches

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.

After a change in U.S. Supreme Court Establishment Clause jurisprudence, the Alabama Supreme Court held that tuition grants to students attending private schools are constitutional under the First Amendment of U.S. Constitution and Alabama's Blaine Amendment (Article XIV, Section 263) because the aid goes to the student, not the school.

The program is constitutional under both Illinois» Blaine Amendment and the federal Establishment Clause.

But those who follow the issue, and I know that that's most of you in this room, knew that that decision, while it closed one battleground — and that was a battleground over the federal Establishment Clause in the United States Constitution — it also threw the spotlight on a remaining battleground, and that is the battleground over state constitutional restrictions on government aid for religious institutions.

But you can see that in many cases outside the school voucher context, these state constitutional restrictions may become pivotal as the federal Establishment Clause is interpreted in a more relaxed fashion.

And the state constitutional prohibitions against church - state cooperation or governmental aid to religion were generally less rigorous than the Establishment Clause of the First Amendment.

[Footnote 3/72] It is argued that such provisions may be assumed to contravene the Establishment Clause, yet be sustained on constitutional grounds as necessary to secure to the members of the Armed Forces and prisoners those rights of worship guaranteed under the Free Exercise Clause.