Earlier today, the American Civil Liberties Union filed suit against New Hampshire’s School Choice Scholarship Act of 2012, which offers tax credits worth 85% of corporate donations to registered, non-profit scholarship organizations that fund low- and middle-income students attending non-public or home schools. The ACLU argues that since parents can use the scholarships at religious schools, the law violates two provisions of New Hampshire’s constitution: the historically anti-Catholic “Blaine Amendment” and the “compelled support” clause. Fortunately, similar scholarship tax credit (STC) laws have withstood every legal challenge thus far, including in states with very similar constitutional provisions.
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