ACLU and Americans United File Lawsuit to Block Voucher Program That Would Fund Religious Schools in Nevada

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.