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LUTHENS v. BAIR

Civ. No. 87-798-B.

788 F.Supp. 1032 (1992)

Sue LUTHENS, et al., Plaintiffs, v. Gerald D. BAIR, Defendant.

United States District Court, S.D. Iowa, C.D.

March 17, 1992.

Attorney(s) appearing for the Case

Lee Boothby, Boothby & Yingst, Berrien Springs, Mich., Mark W. Bennett, Babich, Bennett & Nickerson, Des Moines, Iowa, for plaintiffs.

Gordon E. Allen, Marcia E. Mason, Gerald A. Kuehn, Attys. Gen., State of Iowa, Des Moines, Iowa, for defendant.

Edgar H. Bittle, Merle W. Fleming, Ahlers, Cooney & Dorweiler, Des Moines, Iowa, for amicus.

MEMORANDUM OPINION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT

VIETOR, Chief Judge.

This case presents the issue of whether a provision of Iowa's income tax laws that allows a taxpayer to claim an income tax deduction or credit for payment of elementary or secondary school tuition and textbooks violates the Establishment Clause of the First Amendment to the United States Constitution.

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