In 2006, the Arizona created a school-voucher program that provided funds to disabled and foster children to attend private schools, including religious schools. The plaintiffs filed suit in Arizona state court, alleging that the programs violated multiple provisions of the Arizona Constitution.
Although the trial court upheld the voucher program, the Court of Appeals ruled that the program violated the Arizona Constitution's Aid Clause, which prohibits government funding of religious groups.
After the case reached the Arizona Supreme Court, we filed an amicus brief in support of the plaintiffs. Our brief described important historical underpinnings of church-state separation, particularly in the context of religious instruction. We also cited academic studies showing that school vouchers do not improve student performance.
In March 2009, the Arizona Supreme Court ruled that the voucher programs violated the Aid Clause and suspended their operation.