Can parents use the scholarships at private religious schools? Is that constitutional?
Yes, the program would allow parents to use the scholarships at private religious schools. Since the scholarships are completely funded by private donations, this program should not raise Constitutional questions about public funds going to religious schools. Even if the program did use public funds, however, the United States Supreme Court recently affirmed, in Zelman v. Simmons-Harris, the constitutionality of school choice programs that include both religious and non-religious schools. While the Missouri Constitution is understood to be more restrictive than the First Amendment where public funds and religious organizations are concerned, in Americans United v. Rogers, the Missouri Supreme Court approved of a scholarship program for college students that allowed public funds to be used at participating religious schools. And just last year, in Saint Louis University v. Masonic Temple Association of Saint Louis, the Missouri Supreme Court held that a Catholic school was constitutiona
