People who claim that educational choice is unconstitutional advance some or all of the following arguments. Educational choice clearly violates the separation of church and state. To claim that it supports parents and does not subsidize religious schools is deceptive. Any money paid to parents and students ends up expanding the school's budget and thereby aiding religion. Moreover, many state constitutions explicitly restrict the use of tax money for religious bodies.
Educational choice violates the constitutional right of religious freedom.
Because it uses tax money that eventually goes to religious schools, persons are forced to pay for religious beliefs and practices that may run counter to their own beliefs. While the Supreme Court has affirmed that parents have a right to send their children to religious schools, it has not said that states have the duty to provide financial support for parents' choices for their children. The Court is unlikely to insist that parents have the right to the state's help in exercising their constitutional right to select religious schools. Government concern for ensuring that tax money does not go to extremist groups, that the schools teach respect for all people, and that schools do not practice discrimination will create an intrusive governmental presence in all private and religious schools. For Discussion 1.