Meredith v. Pence

Summary Question

Whether the state constitution prohibits the state legislature from providing education to Indiana school children by any means other than a uniform system of common (public) schools; whether the voucher program compels citizens to support places of worship without their consent; and whether money supporting the voucher program is drawn from the state treasury for the benefit of participating religious schools.

Summary Answer

NO. The Court, citing the plain language of the constitution, made clear that the legislature has two education duties: 1)” to encourage moral, intellectual, scientific, and agricultural improvement”; and 2) "to provide for a general and uniform system of open common schools without tuition." The legislature has authority to provide public schools and any other resource that aids intellectual improvement. Furthermore, the requirement of a uniform system applies to public schools and vouchers do not disrupt that system. The voucher program does not require the state to compel individuals to attend or support places of worship. The voucher program funds education, not worship. Finally, the court held that there is no direct benefit to religious schools because the program is entirely voluntary, no funds whatsoever flow to a religious school unless chosen independently by a parent, and the direct benefit of voucher funding is to the children utilizing the program. Any benefit to a school chosen by a parent is strictly an ancillary benefit that does not run afoul of the constitution.

Litigation

Challenging the “Choice Scholarship Program,” Indiana’s statewide voucher program, the largest in the nation when enacted in 2011.

 Opposed to educational choice program: Americans United for Separation of Church and State, Indiana Association of Public School Superintendents, Indiana Association of School Business Officials, Indiana Coalition for Public Education, Indiana School Boards Association, National Education Association.

In support: Alliance Defense Fund, Becket Fund for Religious Liberty, Christian Academy of Madison, Council of Christian Colleges and Universities, Evansville Christian School, Friedman Foundation for Educational Choice (now EdChoice), Heritage Christian School, Holy Cross College, Indiana Catholic Schools of the Roman Catholic Diocese (of Indianapolis, Evansville, Fort Wayne-South Bend, Gary and Lafayette), Indiana Non-Public Education Association, Institute for Justice, Liberty Christian School, Lighthouse Christian Academy, Marian University, Pacific Legal Foundation.

Outcomes

On March 26, 2013, the Indiana Supreme Court ruled in a landmark 5-0 decision that the Choice Scholarship Program does not violate the state constitution, that vouchers, “do not directly benefit religious schools but rather directly benefit lower-income families with school-children,” that providing a voucher program does not impact the uniformity of the system of public schools, and that what is commonly known as the Blaine Amendment and related education clauses do not apply to entities providing primary and secondary education.

Why it Matters

The Indiana Supreme Court took direct aim at the history and consequences of the state constitution’s highly discriminatory Blaine Amendment and related clauses restricting religious liberty in education. In ground-breaking language, the court opined that, “the prohibition against government expenditures to benefit religious or theological institutions does not apply to institutions and programs providing primary and secondary education.

Effects

Over 19,000 students used vouchers to access the private school of their choice when the Indiana Supreme Court issued its landmark ruling. Today, over 69,000 students are accessing the school of their choice, and the Indiana legislature has continued to expand the program to reach as many students as possible.