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Amicus Brief: Wisconsin Parental Choice Program (1997)

December 1997. The purpose of this brief is to provide a legal framework which demonstrates the constitutionality of the amended Parental Choice Program, followed by empirical data which further demonstrates that the amended Parental Choice Program has the secular primary effect of advancing learning and achievement for all students.

Other Amici, American Legislative Exchange, CEO America, CEO Central Florida, CEO Connecticut, Putting Children First, James Madison Institute for Public Policy Studies, Jewish Policy Center, “I Have a Dream” Foundation (Washington, D.C. Chapter), Institute for Public Affairs, Liberty Counsel, Maine School Choice Coalition, Pennsylvania Manufacturers Association, Reach Alliance, Arkansas Policy Foundation, North Carolina Education Reform Foundation, Texas Justice Foundation, Minnesota Business Partnership, Minnesotans for School Choice, TOUSSAINT Institute, South Carolina Policy Council, and United New Yorkers for Choice in Education, support this brief in the belief that school choice promotes equal opportunity in education for children and will generally improve education in the United States.

Argument Outline:
The Amended Parental Choice Program does not violate the first amendment of the United States Constitution or Article 1, Section 18 of the Wisconsin Constitution.

The amended Parental Choice Program does not provide a benefit to religion; it principally provides a benefit to children and their families. The amended Parental Choice Program does not compel taxpayers to support a religious institution; it compels taxpayers to support a child’s education. Like the original Parental Choice Program, the amended Parental Choice Program advances education. This Court should reverse the decision of the circuit court and hold the amended Parental Choice Program constitutional under both state and federal law.

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