Florida’s prohibition on public aid to religious institutions grew out of anti-Catholic bigotry. It’s also outdated, a former state Supreme Court justice told a panel working revisions to the state’s governing document. And it likely violates the U.S. Constitution.
Former Chief Justice Raoul Cantero, now a lawyer in private practice, urged the education committee of the Constitution Revision Commission to support a proposal that would erase Florida’s Blaine Amendment.
The “no-aid” provision has come up in lawsuits against voucher programs that fund scholarships to religious schools. It’s been used to challenge groups providing substance abuse counseling in state prisons. But a U.S. Supreme Court decision last year suggested federal justices think blanket prohibitions on public funding of religious institutions are unconstitutional. Continue Reading →