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Sixth Circuit Rejects Challenge to Michigan Constitutional Amendment Prohibiting Public Funds for Private Schools

November 9, 2023

Via: JD Supra

On November 6, 2023, the U.S. Court of Appeals for the Sixth Circuit rejected a challenge to a 1970 amendment to the Michigan Constitution that prohibits payment of “public monies” to private schools.

Believing that the 1970 amendment, Michigan Constitution Article VIII, Section 2, has anti-religion (specifically, anti-Catholic) origins, Parent Advocates for Choice in Education (PACE) along with five families, sued the State of Michigan, the governor, and the treasurer. The plaintiffs argued that the 1970 amendment violates the right to free exercise of religion and equal protection.

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