In two separate lawsuits, opponents of educational choice alleged that Nevada's ESA violated the state constitution's mandate that the state provide a «uniform system of common schools» (Article 11, Section 2), its prohibition against using public
funds for sectarian purposes (Article 11, Section 6), and a clause requiring the state to appropriate funds to operate the district schools before any other appropriation is enacted for the biennium (Article 11, Section 10).
They foresee public money being
used for sectarian purposes, and a world in which the provision of services is linked to religiously approved belief or conduct.
The plaintiffs further alleged that the ESA violated the state constitution's Blaine Amendment, which states: «No public funds of any kind of character whatever -LSB-...] shall be
used for sectarian purpose.»
Those filing the lawsuit claimed that the program violated the state's so - called Blaine Amendment which prohibits public funding «
for sectarian purposes.»
Nevada Supreme Court rules that state's private school scholarship program passes muster under the state constitutional provisions regarding the establishment of common schools and the use of public funds
for sectarian purposes, but violates the state constitutional provisions regarding diverting public funds earmarked for public education to the program
The plaintiffs in Duncan v. State of Nevada (see Legal Clips for background on suit) asserted a constitutional challenge to SB 302, alleging that it diverts public funds to private schools, many of which are religious, in violation of Article 11, Section 10 (which prohibits public funds from being used
for sectarian purpose).
It rejected the plaintiffs» argument that the fact that the ESA program permits parents to use the funds at religious schools constitutes a use of public funds
for a sectarian purpose, in violation of Section 10.
Johnson held that the program does not violate a constitutional prohibition on the use of public funds
for sectarian purposes, nor does it violate Nevada's uniform public school system provision.