Cain v. Horne

• Court: Arizona: Supreme Court
• AU’s Role: Amicus
• AU's Involvement Began: December 2008
• Status: Closed

Description

In 2006, the Arizona Legislature enacted the Arizona Scholarship for Pupils with Disabilities Program and the Arizona Displaced Pupils Grant Program, which provide disabled and foster children, respectively, with the option of receiving scholarship or grant money to attend any qualified school of their choice, including parochial schools. Virgel Cain and other plaintiffs filed suit to enjoin implementation of these voucher programs, which they believe violate four clauses of the Arizona State Constitution: a "Religion Clause" counterpart to the federal First Amendment; an "Aid Clause," which mandates that no public money be used in aid of any private or sectarian school; and two "Education Clauses," which provide for the maintenance of uniform, free public schools. The Superior Court found in favor of the State, holding that the programs were constitutional. On appeal, the Court of Appeals held that the voucher programs did not violate the State Constitution’s Religion Clause, but that the vouchers did violate the Aid Clause. (The court did not address whether the programs violated the Education Clauses.) In October 2008, the Arizona Supreme Court granted review. On December 1, 2008, Americans United filed an amicus brief in support of the plaintiffs, reminding the court of the important historical underpinnings of church-state separation, particularly in the context of religious instruction. We also cited several academic studies showing that school vouchers do not improve student performance. Oral argument was held on December 9, 2008. On March 25, 2009, the Arizona Supreme Court struck down both voucher programs, holding that they violated the Aid Clause of the Arizona Constitution.