Warner JACKSON, Jennifer Evans, Wendell Harris, The Reverend Andrew Kennedy, Rabbi Isaac Serotta, Ceil Ann Libber, Father Thomas J. Mueller, Reverend John N. Gregg, Diane Brewer, Colleen Beaman, Mary Morris, Penny Morse, Kathleen Jones and Philip Jones, Plaintiffs-Respondents,
v.
John T. BENSON, Superintendent of Public Instruction, Department of Public Instruction and James E. Doyle, Defendants-Appellants,
Marquelle MILLER, Cynthia Miller, Angela Gray, Zachery Gray, Shon Richardson, George Richardson, Latrisha Henry, Faye Henry, Reigne Barrett, Valerie Barrett, Candice Williams, Senton Williams, Clintrai Giles, Sharon Giles, Parents For School Choice, Pilar Gonzalez, Dinah Cooley, Julie Vogel, Kate Helsper, Blong Yang, Gail Crockett, Yolanda Lassiter and Jeanine Knox, Intervenors-Defendants-Appellants.
MILWAUKEE TEACHERS' EDUCATION ASSOCIATION, by its President, M. Charles Howard, Michael Lengyel, Donald Lucier, Tracy Adams, Milwaukee Public Schools Administrators and Supervisors Council, Inc., by its Executive Director, Carl A. Gobel, People for the American Way, by its Executive Vice President and Legal Director, Elliott M. Minceberg, John Drew, Susan Endress, Richard Riley, Jeanette Robertson, Vincent Knox, Bertha Zamudio, James Johnson, Robert Ullman and Sally F. Mills, Plaintiffs-Respondents,
v.
John T. BENSON, Superintendent of Public Instruction, Department of Public Instruction and James E. Doyle, Defendants-Appellants,
Marquelle MILLER, Cynthia Miller, Angela Gray, Zachery Gray, Shon Richardson, George Richardson, Latrisha Henry, Faye Henry, Reigne Barrett, Valerie Barrett, Candice Williams, Senton Williams, Clintrai Giles, Sharon Giles, Parents For School Choice, Pilar Gonzalez, Dinah Cooley, Julie Vogel, Kate Helsper, Blong Yang, Gail Crockett, Yolanda Lassiter and Jeanine Knox, Intervenors-Defendants-Appellants.
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, Felmers O. Chaney, Lois Parker, on behalf of herself and her minor child, Rashaan Hobbs, Derrick D. Scott, on behalf of himself and his minor children, Deresia C.A. Scott and Desmond L.J. Scott, Constance J. Cherry, on behalf of herself and her minor children, Monique J. Branch, Monica S. Branch, and William A. Branch, Plaintiffs-Respondents,
v.
John T. BENSON, Superintendent of Public Instruction of Wisconsin, in his official capacity, Defendant-Appellant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral argument July 22, 1997.
Decided August 22, 1997.
Attorney(s) appearing for the Case
On behalf of the defendants-appellants, John T. Benson, et al., the cause was submitted on the briefs of Jay P. Lefkowitz, Theodore W. Ullyot and Paul D. Clement of Kirkland & Ellis of Washington, D.C. and Edward S. Marion of Murphy & Desmond, S.C. of Madison. Oral argument by Edward S. Marion.
On behalf of the intervenors-defendants-appellants, Marquelle Miller, et al., the cause was submitted on the briefs of Lauren Brown-Perry of Hicks & Brown-Perry Law Office, S.C. of Madison and Richard P. Hutchison of Landmark Legal Foundation of Kansas City, Mo. Oral argument by Richard P. Hutchison.
On behalf of the intervenors-defendants-appellants, Parents for School Choice, et al., the cause was submitted on the briefs of Clint Bolick, William H. Mellor III and Nicole S. Garnett of the Institute for Justice of Washington, D.C.; Stephen P. Hurley of Hurley, Burish & Milliken, S.C. of Madison; and Michael D. Dean of Waukesha. Oral argument by Clint Bolick.
On behalf of the plaintiffs-respondents, Warner Jackson, et al., the cause was submitted on the brief of Steven R. Shapiro of New York, N.Y., on behalf of American Civil Liberties Union Foundation; Steven K. Green of Washington, D.C., on behalf of Americans United for Separation of Church and State; Peter M. Koneazny of Milwaukee, on behalf of American Civil Liberties Union of Wisconsin Foundation, Inc.; and Jeffrey J. Kassel and Melanie E. Cohen of LaFollette & Sinykin of Madison. Oral argument by Jeffrey J. Kassel.
On behalf of the plaintiffs-respondents, Milwaukee Teachers' Education Association, et al., the cause was submitted on the brief of Elliot M. Mincberg and Judith Schaeffer of Washington, D.C., on behalf of People for the American Way; Robert H. Chanin and John M. West of Bredhoff & Kaiser, P.L.L.C. of Washington, D.C.; Timothy E. Hawks of Shneidman, Myers, Dowling & Blumenfield of Milwaukee, on behalf of Wisconsin Federation of Teachers; Bruce Meredith and Chris Galinat of Madison, on behalf of Wisconsin Education Association Council; and Richard P. Perry and Richard Saks of Perry, Lerner & Quindel of Milwaukee. Oral argument by Robert H. Chanin.
On behalf of the plaintiffs-respondents, National Association for the Advancement of Colored People, et al., the cause was submitted on brief by James H. Hall, Jr. of Hall, Patterson & Charne of Milwaukee and William H. Lynch of Law Offices of William H. Lynch of Milwaukee. Oral argument by James H. Hall, Jr.
Brief of amicus curiae was submitted by Bradden C. Backer of Godfrey & Kahn, S.C. and Robert L. Gordon of Weiss, Berzowski, Brady & Donahue, both of Milwaukee, on behalf of the Milwaukee Jewish Council for Community Relations and the Wisconsin Jewish Conference.
Brief of amicus curiae was submitted by Marc D. Stern and Lois C. Waldman of New York, N.Y., on behalf of the American Jewish Congress and Anti-Defamation League.
Brief of amicus curiae was submitted by K. Scott Wagner of Hale & Lein, S.C. of Milwaukee; and James C. Geoly, Ryan D. Meade and Kevin R. Gustafson of Chicago, Il., on behalf of the Center for Education Reform, American Legislative Exchange Council, CEO America, CEO Central Florida, CEO Connecticut, CEOS for Educational Change, Citizens for Educational Reform, Educational Freedom Foundation, James Madison Institute, the Jewish Policy Center, the "I Have a Dream" Foundation (Washington, D.C. Chapter), Institute for Public Affairs, Liberty Counsel, Maine School Choice Coalition, Pennsylvania Manufacturers Association, Reach Alliance, South Carolina Policy Council, Texans for School Choice, and United New Yorkers for Choice.
Before Dykman, P.J., Roggensack and Deininger, JJ.
Court of Appeals of Wisconsin.
DEININGER, J.
The Milwaukee Parental Choice Program, § 119.23, STATS., as amended by 1995 Wis. Act 27, §§ 4002-4009, permits up to 15% of the student membership of the Milwaukee Public School (MPS) system to attend private schools, both sectarian and nonsectarian, at state expense. Plaintiffs brought these actions claiming that the amended program violates the First Amendment of the U.S. Constitution and various provisions of the Wisconsin Constitution...
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