Marquelle MILLER, et al., Plaintiffs-Appellants,
v.
John T. BENSON, Superintendent of Public Instruction for the State of Wisconsin, Defendant-Appellee.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Submitted October 2, 1995.
Decided October 6, 1995.
Attorney(s) appearing for the Case
Mark Jeffrey Bredemeier, Jerald L. Hill, Richard P. Hutchinson, Landmark Legal Foundation, Kansas City, MO, Mark R. Levin, Landmark Center for Civil Rights, Washington, DC, for Plaintiffs-Appellants.
Warren D. Weinstein, Asst. Atty. Gen., Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, Robert B. Millner, Sonnenschein, Nath & Rosenthal, Chicago, IL, for John T. Benson.
Robert B. Millner, Ellen Mayer, American Jewish Congress, Chicago, IL, for amicus curiae, American Jewish Congress.
Steven K. Green, Julie Segal, Washington, DC, for amicus curiae, Americans United for Separation of Church and State.
Steven M. Freeman, Anti-Defamation League of B'nai B'rith, New York City, for amicus curiae, Anti-Defamation League.
Elliott Mincberg, Washington, DC, for amicus curiae, People for the American Way.
Jon G. Furlow, Michael, Best & Friedrich, Madison, WI, Jane M. Whicher, Lauren L. McFarlane, Roger Baldwin Foundation of ACLU, Inc., Chicago, IL, Peter Koneazny, American Civil Liberty Union of Wisconsin, Milwaukee, WI, for amicus curiae, American Civil Liberties Union of Wisconsin, amicus curiae, American Civil Liberties Union of Illinois, amicus curiae, Milwaukee Jewish Counsel for Community Relations, Incorporated, and amicus curiae, Wisconsin Jewish Conference.
Before BAUER, EASTERBROOK, and EVANS, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
PER CURIAM.
In 1990 Wisconsin enacted a statute permitting some children in Milwaukee to attend nonsectarian private schools at public expense. Wis.Stat. § 119.23. Five children who qualify for this program filed suit contending that the exclusion of religious schools violated the free exercise clause of the first amendment to the Constitution, applied to the states by the fourteenth amendment. Rosenberger v. University of Virginia, ___ U.S. ___, 115 S...
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