New Mexico
Constitutional Provisions on Education
Compelled Support Clause
“No person shall be required to attend any place of worship or support any religious sect or denomination ….” New Mexico Const. Art. II, § 11.
Blaine Amendments
“[N]o part of the proceeds arising from the sale or disposal of any lands granted to the state by congress, or any other funds appropriated, levied or collected for educational purposes, shall be used for the support of any sectarian, denominational or private school, college or university.” New Mexico Const. Art. XII, § 3.
“Provision shall be made for the establishment and maintenance of a system of public schools which shall be open to all the children of the state and free from sectarian control, and said schools shall always be conducted in English.” New Mexico Const. Art. XXI, § 4.
Other Relevant Provisions
“No appropriation shall be made for charitable, educational or other benevolent purposes to any person, corporation, association, institution or community, not under the absolute control of the state ….” New Mexico Const. Art. IV, § 31.
“Neither the state nor any county, school district or municipality, except as otherwise provided in this constitution, shall directly or indirectly lend or pledge its credit or make any donation to or in aid of any person .…” New Mexico Const. Art. IX, § 14.
Case Law Relevant to School Choice
Miller v. Cooper, 244 D.2d (N.M. 1952)
The New Mexico Supreme Court reaffirmed that religious groups cannot use public school facilities to disseminate religious material but refused to enjoin religious individuals from teaching in public schools.
Zellers v. Huff, 236 P.2d 949 (N.M. 1951)
The New Mexico Supreme Court concluded that public school teachers may not dress in religious “garb” and a church may not operate a school system within the public school system.
Attorney General Opinion No. 99-01 (1999)
This opinion of the New Mexico Attorney General found that vouchers present serious constitutional problems, notwithstanding earlier attorney general opinions to the contrary, because they constitute a “donation” to a private individual in violation of the state Constitution’s anti-donation” clause (Article IX, Section 14).
Attorney General Opinion No. 79-7 (1979)
In this opinion, the New Mexico Attorney General concluded that proposed legislation appropriating state money for tuition grants to students attending private colleges and universities appeared to be an outright gift to students in violation the “anti-donation” clause (Article IX, Section 14) because the state received no consideration or benefit in exchange.
Attorney General Opinion No. 76-6 (1976)
In this opinion, the New Mexico Attorney General declared that a voucher program under which the parents of exceptional children whose needs were not being met by the public schools could use the funds the school district would otherwise have spent on the children to purchase special education at private, nonsectarian institutions would be consistent with the New Mexico Constitution.
Questions on Constitutionality of School Choice in New Mexico?
Contact Leslie Hiner at 317-681-0745 or leslie@edchoice.org.
