And again the teachers' union went to court, and they convinced the state Supreme Court to enjoin the expansion of the program pending the outcome of the litigation. The ACLU contends that the moment a dollar passes the threshold of a religious school, no matter who is directing that dollar, if it is public money, it is unconstitutional. Well, I don't think that is going to prove to be the case. I am very confident that when one of these cases reaches the United States Supreme Court the constitutional cloud will be removed from school choice. First and foremost, the reason I'm optimistic is the language of the Constitution itself.
People talk about separation of church and state.
The First Amendment says Congress shall make no law respecting an establishment of religion. Opponents say school choice establishes religion, but it actually assists parents in choosing the school that is best for their son or daughter, whether it is public or religious. In the last decade and some, the U.S. Supreme Court has demonstrated that it understands this commonsense difference. Most recently, at the University of Virginia, funding from student fees for a religious publication was attacked as an establishment of religion. The court decided against the claimants, which has given us special optimism.