Virgel CAIN, Sandy Bahr, Scott Holcomb, Arizona Association of School Business Officials, Arizona Education Association, Arizona Federation of Teacher Unions, Arizona Parent Teacher Association, Arizona Rural Schools Association, Arizona School Administrators, Inc., Arizona School Boards Association, American Civil Liberties Union of Arizona, and People for the American Way, Plaintiffs/Appellants,
v.
Tom HORNE, in his capacity as Superintendent of Public Instruction, Defendant/Appellee, and
Jessica Geroux, Andrea Weck, Kristina Peterson, Kimberly Wuestenberg, Edwin Rivera, and Mike and Shirley Okamura, Intervenors/Appellees.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
March 25, 2009.
March 25, 2009.
Attorney(s) appearing for the Case
Miller, Lasota & Peters, P.L.C. by Donald M. Peters, Wendy Lee Kim, Phoenix, and Thomas W. Pickrell, Attorney at Law by Thomas W. Pickrell, Mesa, and Arizona Center for Law in the Public Interest by Timothy M. Hogan, Phoenix, Attorneys for Virgel Cain, Sandra Bahr, Scott Holcomb, Arizona Association of School Business Officials, Arizona Education Association, Arizona Federation of Teacher Unions, Arizona Parent Teacher Association, Arizona Rural Schools Association, Arizona School Administrators, Inc., Arizona School Boards Association, American Civil Liberties Union of Arizona, and People for the American Way.
Terry Goddard, Arizona Attorney General by Paula S. Bickett, Chief Counsel, Civil Appeals, William A. Richards, Assistant Attorney General, Chad B. Sampson, Assistant Attorney General, Phoenix, Attorneys for Thomas C. Horne, Superintendent of Public Instruction.
Law Offices of Thomas A. Zlaket, P.L.L.C. by Thomas A. Zlaket, Tucson and Institute for Justice by Timothy D. Keller, Jennifer M. Perkins, Tempe, Attorneys for Jessica Geroux, Andrea Weck, Kristina Peterson, Kimberly Wuestenberg, Edwin Rivera, Mike Okamura and Shirley Okamura.
Pacific Legal Foundation by James S. Burling, Sacramento, CA, Attorneys for Amici Curiae Pacific Legal Foundation and Arizona Autism Coalition.
Arizona Center for Disability Law by JoAnn Sheperd, Tucson, Attorneys for Amicus Curiae Arizona Center for Disability Law.
George H. King, Chandler, Attorney for Amicus Curiae Chrysalis Academy Parents Association.
Center for Arizona Policy by Cathi W. Herrod, Peter A. Gentala, Deborah M. Sheasby, Phoenix, Attorneys for Amicus Curiae Center for Arizona Policy.
Winston & Strawn, L.L.P. by Steffen N. Johnson, Adéle H. Auxier, Washington, DC, and Scharf-Norton Center for Constitutional Litigation by Clint Bolick, Jackson Moll, Phoenix, Attorneys for Amici Curiae Alliance for School Choice, American Legislative Exchange Council, Black Alliance for Educational Options, Friedman Foundation for Educational Choice, and The Hispanic Council for Reform and Educational Options.
DLA Piper, (US) L.L.P. by Cynthia A. Ricketts, Phoenix, Attorneys for Amicus Curiae Americans United for Separation of Church and State.
Orrick, Herrington & Sutcliffe, L.L.P. by Walter F. Brown, Jr., San Francisco, CA, Raymond G. Mullady, Jr., Lindsay E.G. Simmons, Washington, DC, and Alliance Defense Fund Law Center by Benjamin W. Bull, Jeremy David Tedesco, Scottsdale, Attorneys for Amicus Curiae Father's Heart Christian School.
Schmitt, Schneck, Smyth & Herrod, P.C. by Timothy J. Casey, Phoenix, Attorneys for Amicus Curiae The Becket Fund for Religious Liberty.
Supreme Court of Arizona, En Banc.
OPINION
RYAN, Justice.
¶ 1 Article 2, Section 12, of the Arizona Constitution provides that "[n]o public money. . . shall be appropriated to any religious worship, exercise, or instruction, or to the support of any religious establishment." Article 9, Section 10, of the Arizona Constitution states that "[n]o tax shall be laid or appropriation of public money made in aid of any church, or private or sectarian...
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