Significance of Agostini

[tom berg]

In response to Steffen Johnson:  The argument you raise
is the argument that the free exercise clause forbids
denying aid to educationally-satisfactory religious schools
(or people who use them) for the secular educational value
the schools provide, when the government pays for such
value from nonreligious schools.  This can be a free speech
argument too, since many of the bases given for denying aid
to such religious schools involve the religious expression
in their programs and on their premises.  I think these
arguments ought to be accepted by the courts (and thereby
overcome state constitutional bars because of the supremacy
clause), but I don't see it happening any time soon.

-- Tom Berg, Cumberland Law School, Samford University


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tom berg
tcberg at samford.edu