I think within the next ten years Church and State will be cloven or merged
Court's door open for more voucher cases
The Supreme Court says federal courts can review a state tax plan benefiting parochial schools.
By Warren Richey | Staff writer of The Christian Science Monitor
WASHINGTON – The US Supreme Court has set the stage for a new round of contentious litigation over the constitutionality of providing public tax revenue to parochial schools.
Two years ago in a landmark decision, the high court upheld a school voucher program in Cleveland against allegations that it violated the separation of church and state. This week, the justices opened the door for what may become the next major test of the high court's emerging jurisprudence dealing with government aid to religious schools.
The case involves a federal court challenge to a tax-credit program that primarily benefits parochial schools in Arizona. At issue in Hibbs v. Winn was whether federal courts have jurisdiction to hear cases challenging the state tax-credit program.
In the 5-to-4 decision Monday that surprised many legal analysts, Justice Sandra Day O'Connor, joined the court's liberal wing to provide the decisive fifth vote necessary to uphold a federal appeals court ruling that Arizona's tax-credit setup can be challenged in federal court.
The decision is an important victory for those seeking to outlaw tax-credit and school-voucher plans as impermissible government entanglement with religion. At the same time it is a major setback to supporters of public aid to parochial schools.
