Significance of Agostini

[Steven D. Jamar]

>   So under Steve Jamar's view it's unconstitutional to permit G.I. Bill
> tuition benefits to be used at sectarian colleges, right?
>   George Dent, Case Western Reserve Law School

On the contrary.  I don't think I said it was unconstitutional - I just
said I didn't think it was neutral.   In fact, I think a voucher program
which benefits religious schools would be or should be constitutional - I
just don't think it's truly "neutral" in effect - it advances religion and
cannot help but do so. But so does IDEA funding or bussing or . . . .  This
difficulty or maleability of the term is part of why I don't think the
concept of neutral gets us too much further than the concept of separation.

BTW, as I'm sure George Dent knows full well the courts have long
distinguished between post-secondary education on the one hand and
elementary and secondary education on the other.

Cheers,
Steve Jamar



Steven D. Jamar
Professor of Law
Director LRW Program
Howard University School of Law
2900 Van Ness Street NW
Washington, DC  20008

vox:  202-806-8017   fax:  202-806-8428
email:  sjamar at law.howard.edu

The more you know, the more you know you don't know.