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establishment clause

Arizona Christian School Tuition Org. v. Winn (09-987); Garriott v. Winn (09-991)

in

Oral argument: Nov. 3, 2010

Appealed from: United States Court of Appeals for the Ninth Circuit (Oct. 21, 2009)

ESTABLISHMENT CLAUSE, SCHOOL TUITION ORGANIZATIONS, TAXPAYER STANDING

Arizona taxpayers brought claims alleging that Arizona’s Tuition Tax Credit violates the Establishment Clause of the First Amendment. The Tax Credit gives taxpayers a reduction in their tax liabilities for their donations to school tuition organizations. These organizations may give scholarships to students of particular faiths to attend certain religious schools. The taxpayers contend that they have the right to sue the government and these organizations for two reasons: the state loses over $50 million in tax revenue each year because the money that the organizations receive would otherwise be state tax revenue and the Tuition Tax Credit promotes religion. The petitioners claim that the taxpayers do not assert a sufficiently personal injury to initiate a lawsuit, and they claim that program does not violate the Establishment Clause because individual taxpayers, not the government, choose where to donate their money. The Supreme Court will decide whether the taxpayers have the right to sue and if so, whether Arizona’s Tax Credit violates the Establishment Clause.

Salazar v. Buono (08-472)

in

Oral argument: Oct. 7, 2009

Appealed from: United States Court of Appeals for the Ninth Circuit (May 14, 2008)

ESTABLISHMENT CLAUSE, WAR MEMORIAL, LATIN CROSS, SUNRISE ROCK

Salazar v. Buono concerns the Establishment Clause and a Latin cross on federal land. In 1934, the Veterans of Foreign Wars (“VFW”) erected a large Latin cross on Sunrise Rock in San Bernardino, California, commemorating veterans of World War I. In 2004, ten years after Sunrise Rock became federal parkland, Frank Buono sued the Secretary of the Interior. Buono argued that the cross’ presence on federal land violated the Establishment Clause. Buono won. While the case was on appeal, Congress attempted to transfer the land to the VFW. After the Court of Appeals affirmed Buono’s victory, Buono moved to enforce the judgment. The District Court then blocked the land transfer and ordered the removal of the cross. The Court of Appeals affirmed that enforcement action. The Supreme Court granted certiorari to resolve whether Buono had standing to challenge the cross’ presence in the first place, and if he did, whether transfer to a private party corrects the Establishment Clause violation. This case may have implications for standing doctrine in religious injury cases. Furthermore, this case may provide guidance on the use of land transfer as a means to resolve Establishment Clause violations.

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