Congressional Digest

Supreme Court Debates February 2020 No. 2 Vol. 23
Americans United for Separation of Church and State, American Civil Liberties Union, et al., Amici Curiae

State Aid to Religious Schools

Tax Credits and Church-State Separation

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Americans United for Separation of Church and State, American Civil Liberties Union, et al., Amici Curiae

Alex J. Luchenitser, Counsel of Record

This Court has long recognized that there is “play in the joints” between the Establishment Clause and the Free Exercise Clause. — Locke v. Davey (2004).

Specifically, states may choose to offer more robust protection for religious-freedom rights than the U.S. Constitution provides. The court has thus held, for example, that states may accommodate the free exercise of religion by exempting churches from property taxation. The court has likewise permitted states to vindicate traditional …

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