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 Forwarded here by Bob Moylan (1:275/429.5)
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 Area:    THEIST_WATCH
 Date:    21 Aug 96  15:50:17  Public 
 From:    Charles Sumner                                    
 To:      All                                               
 Subject: [chstate] Victory In Wisconsin                              
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From: Charles Sumner 
Reply-To: sumner@rochgte.fidonet.org
FOR IMMEDIATE RELEASE     Contact:  Joseph Conn
August 19, 1996         Rob Boston
VOUCHER AID TO RELIGIOUS SCHOOLS VIOLATES CONSTITUTIONAL 
SEPARATION OF CHURCH AND STATE, WISCONSIN JUDGE RULES
DECISION IS 'TREMENDOUS VICTORY', SAYS AMERICANS UNITED
 Voucher aid to private religious schools violates the constitutional
separation of church and state, a Wisconsin state court has held.
 In an Aug. 15 ruling, Dane County Circuit Judge Paul Higginbotham rejected a
request to begin a voucher program approved by the legislature that would pay
for tuition at religious schools.  "This is a tremendous victory for
church-state
separation and public schools," said Barry Lynn, executive director of
Americans United for Separation of Church and State.  "This means Wisconsin
taxpayers will not be forced to pay for religious instruction."
 Higginbotham, citing provisions of the Wisconsin state constitution, held
that
state money cannot be used to pay for religious instruction, even if the
money
is funneled to the schools through the conduit of parents.
 "The state cannot do indirectly what it can't do directly," the judge said.
Higginbotham's action leaves in place an injunction barring the use of
vouchers at religious schools.  However, he allowed an expansion of the
voucher program at private nonsectarian schools.
 Americans United and the state branch of the ACLU are challenging the
religious school voucher program in state court.  The plan is also being
challenged by the Milwaukee Teachers' Education Association and other groups.
 While Judge Higginbotham's Aug. 15 ruling technically applies only to the 
temporary injunction, the broad sweep of his remarks from the bench suggests
that he will strike down the religious school aid program when he issues a
final ruling on the issue.  A final decision by Higginbotham is expected 
ater
this year. 
Americans United for Separation of Church and State
1816 Jefferson Place NW, Washington, DC 20036
americansunited@au.org
            ******************************************************
... Keep church & state separate and free!
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