Document Type
Brief
Case Name
Susan Tave Zelman v. Doris Simmons-Harris
Publication Date
11-9-2001
Abstract
Nos. 00-1751, 00-1777, 00-1779
Susan Tave Zelman v. Doris Simmons-Harris
On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit
From the Summary of the Argument
Petitioners and other amici undoubtedly will address fully how the program at issue in this case should be upheld on the grounds that it involves the same principle that led to this Court upholding the aid in Mueller v. Allen, 463 U.S. 388 (1983), Witters v. Washington Dept. of Services for the Blind, 474 U.S. 481 (1986), and Zobrest v. Catalina Foothills Sch. Dist., 509 U.S. 1 (1993). In a nutshell, the Ohio program does not “define its recipients by reference to religion,” Agostini v. Felton, 521 U.S. 203, 234 (1997), and “[a]ny aid provided under [the Ohio] program that ultimately flows to religious institutions does so only as a result of the genuinely independent and private choices of aid recipients.” Witters, 474 U.S. at 488.
Recommended Citation
Garnett, Richard W.; Hasson, Kevin J.; Treene, Eric W.; Storzer, Roman P.; and Picarello, Anthony R. Jr., "Brief of the Becket Fund for Religious Liberty as Amicus Curiae in Support of Petitioners" (2001). Court Briefs. 106.
https://scholarship.law.nd.edu/sct_briefs/106
Included in
Courts Commons, Elementary Education Commons, First Amendment Commons, Secondary Education Commons, Supreme Court of the United States Commons
Comments
The Becket Fund for Religious Liberty respectfully submits this brief amicus curiae in support of Petitioners pursuant to Rule 37.3 of this Court. The Becket Fund is a nonpartisan, interfaith, public-interest law firm, whose mission is to defend the free speech and religious freedom rights of Americans of all faith traditions.