New Mexico Association of Nonpublic Schools v. Moses, 2016

Case of Religious Institutions Falling Under State (New Mexico) Textbook Program

This case questions whether applying a Blaine Amendment to exclude religious institutions from a state textbook lending program violates the First and Fourteenth Amendments of the United States Constitution. Here, the New Mexico Supreme Court found that a “no aid” provision in the state’s constitution is also a Blaine Amendment, and therefore legally excludes religious and private schools from a secular, neutral textbook lending program. The case is currently pending before the United States Supreme Court and is scheduled for Conference on September 26 2016.

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