Meredith v. Pence

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 36,000 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.

Amicus Brief