Justice Kennedy on Tuition Aid to Religious Schools

Where do we stand?

1. Justice Kennedy is the swing vote in these cases today.
2. What does he say about the constitutionality of tuition aid to religious schools?

In sum, the Ohio program is entirely neutral with respect to religion. It provides benefits directly to a wide spectrum of individuals, defined only by financial need and residence in a particular school district. It permits such individuals to exercise genuine choice among options public and private, secular and religious. The program is therefore a program of true private choice.

--Zelman v Simmons-Harris (536 U.S. 639 (2002)) (REHNQUIST, J, JOINED BY KENNEDY)

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