Civil Liberties Groups say ‘Education Savings Accounts’ Plan Violates Nevada Constitution

LAS VEGAS – Three civil liberties organizations filed suit today in Nevada District Court to challenge a school voucher program signed into law last June by Gov. Brian Sandoval. The American Civil Liberties Union, the American Civil Liberties Union of Nevada, and Americans United for Separation of Church and State sued on behalf of a group of parents, clergy, and other taxpayers who oppose the program’s effort to divert taxpayer money to private, religious schools.

“Parents have a right to send their children to religious schools, but they are not entitled to do so at taxpayers’ expense. The voucher program violates the Nevada Constitution’s robust protections against the use of public funds for religious education,” said Tod Story, executive director of the ACLU of Nevada. “This program allows public money to be spent at intuitions which operate with sectarian missions and goals and impart sectarian curricula. This is exactly what the Nevada Constitution forbids.”

Under the program, parents of students enrolled in public school for at least 100 days may transfer their children to participating private schools, including religious schools, and are eligible to receive thousands of dollars in public education funds to pay for tuition, textbooks, and other associated costs.  The funds will be disbursed through so-called “Education Savings Accounts,” and there are no restrictions on how participating schools can use the money.

The lawsuit argues that the funding scheme violates Article XI Section 10 of the Nevada Constitution, which prohibits the use of public funds for any sectarian purpose. The lawsuit also claims that the program runs afoul of Article XI, Section 2, which requires the legislature to provide for a uniform system of common schools.

“The voucher program will use taxpayer dollars for religious education and indoctrination at a number of religious schools, many of which discriminate in admissions and employment,” said Heather L. Weaver, senior staff attorney for the ACLU’s Program on Freedom of Religion and Belief. “The program would be a huge loss for religious liberty if implemented.”

Gregory M. Lipper, senior litigation counsel for Americans United, added, “Nevada’s Constitution makes clear that the state may not fund religious instruction or religious discrimination. The voucher program flouts this constitutional prohibition. Nevada’s parents, students, and taxpayers deserve better.”

Among the plaintiffs represented by the ACLU of Nevada, ACLU, and Americans United is Ruby Duncan, a mother, grandmother, and longtime civil rights activist and the namesake for the Ruby Duncan Elementary School in Las Vegas. Rabbi Mel Hecht, Howard Watts III, Leora Olivas, and Adam Berger are also Plaintiffs in this suit. All object to the use of their taxes to fund private religious schools. The complaint asks the court to declare the voucher program unlawful and to enjoin the Nevada Treasurer and Department of Education from further implementation.

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LAS VEGAS, Nev.— Today, the ACLU of Nevada, joined by the ACLU, Americans United for Separation of Church and State, and the law firm of Covington & Burling appealed District Court Judge Eric Johnson’s decision in Duncan v. Nevada to the Nevada Supreme Court on behalf of a group of taxpayers. The district court’s decision failed to give full effect to the strong protections provided to the people though Article 11, sections 2 and 10 of the Nevada Constitution.
 
“Today, we once again stand up for Nevadans and fight against the voucher program’s unconstitutional erosion of the separation of church and state. For more than 130 years the Nevada Supreme Court has recognized that the Nevada Constitution strictly prohibits state sponsored support of religious educational institutions. With this appeal we hope to cease private religious schools’ ability to use taxpayer dollars to indoctrinate and discriminate against students on the basis of religion, sexual orientation, gender identity, disability, and other grounds,” said Amy Rose, ACLU of Nevada legal director.
 
"By prohibiting taxpayer funds from supporting religious purposes, the Nevada Constitution provides robust protection for religious freedom," said Heather L. Weaver, Senior Staff Attorney for the ACLU's Program on Freedom of Religion and Belief.  "With today's appeal, we intend to see that the courts respect this principle."
 
“Nevada taxpayers should not be forced to subsidize religious views with which they disagree,” said Richard B. Katskee, Americans United’s legal director. “The framers of the Nevada Constitution understood that prohibiting the public funding of religion would allow the religiously diverse citizens of this state to live together in harmony. We stand today in defense of that fundamental principle.”
 
Duncan v. Nevada was originally filed on August 27, 2015, in the District Court of Nevada. The State of Nevada filed a Motion to Dismiss shortly thereafter, and a hearing on this motion was held December 10, 2015. More than five months later, on May 18th, 2016, District Court Judge Eric Johnson granted the State’s motion.
 
“Since Duncan v. Nevada was filed we have fought to uphold the Nevada Constitution’s guarantee of separation of church and state. Public dollars should never be used to fund private religious beliefs or religious instruction. Personal religious choices are private and should be funded privately. The public must trust that their tax dollars will not be exploited in tearing down Nevada’s wall separating church and state,” said Tod Story, ACLU of Nevada executive director.
 
About American Civil Liberties Union of Nevada
Started in 1966, the ACLU of Nevada is celebrating its 50th year of public service. The ACLU of Nevada is a nonprofit, nonpartisan organization committed to the defense and advancement of civil liberties and civil rights for all people in Nevada. For additional information, please visit http://www.aclunv.org.

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