Americans United Urges Indiana Appeals Court To Find School Voucher Program Unconstitutional

Church-State Watchdog Group Says Government Subsidies For Religious Schools Violate Indiana Constitution

Americans United for Separation of Church and State has asked a state appeals court to strike down a voucher program that directs taxpayer dollars to religious schools.

In a friend-of-the-court brief in Meredith v. Daniels, Americans United urged the Indiana Court of Appeals to find the Choice Scholarship Program (CSP) unconstitutional because public funds go almost exclusively to religious schools. 

Americans United Senior Litigation Counsel Gregory M. Lipper said the program is an affront to religious liberty in the state of Indiana.

“This voucher program violates the religious liberty provisions in the Indiana Constitution,” Lipper said. “Those provisions have been in place since 1851, and they were intended to prevent the sort of massive taxpayer subsidy of religion at issue here.”

The Americans United brief, filed yesterday, cites ample Indiana history to demonstrate that drafters of the Indiana Constitution wanted to build a strong public school system and bar use of taxpayer funds for religious schools.

Americans United notes that Caleb Mills, a Christian minister and the state’s most prominent 19th-century proponent of strengthening public education, urged legislators to fund only public schools and warned that if taxpayer funds were used for denominational schools, it would jeopardize the social and political fabric.

The ban on taxpayer assistance to religion was broad, the AU brief says, and did not target Catholic schools or any other specific religious community. Some state constitutions have provisions that critics describe as “Blaine amendments” – named for U.S. Sen. James G. Blaine – that were allegedly aimed primarily at barring public funding for Catholic parochial schools.

The Indiana “no aid” provision, however, was passed in 1851, 24 years before Blaine introduced his amendment in Congress. AU’s brief reports that there is no indication that anti-Catholic sentiment played any role in the adoption of the Indiana church-state separation language.

Indiana’s voucher program, passed in 2011, is the broadest of its kind in the United States. It permits even parents of middle-class children to use taxpayer money to send their children to private schools, the overwhelming majority of which are sectarian.

Nearly 98 percent of participating private schools are religious in character. Two-thirds are Catholic, with almost all of the rest coming from various Protestant perspectives. (Two participating schools are Islamic.)

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.