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WINN v. ARIZONA CHRISTIAN SCHOOL TUITION

No. 05-15754.

562 F.3d 1002 (2009)

Kathleen M. WINN, an Arizona taxpayer; Diane Wolfthal, an Arizona taxpayer; Maurice Wolfthal, an Arizona taxpayer Lynn Hoffman, an Arizona taxpayer, Plaintiffs-Appellants, v. ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION; Arizona School Choice Trust; Luis Moscoso; Gale Garriott, in his official capacity as Director of the Arizona Department of Revenue; Glenn Dennard, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2009.

Attorney(s) appearing for the Case

Marvin S. Cohen (argued), Sacks Tierney, P.A., Scottsdale, AZ; Paul Bender, Arizona State University College of Law, Tempe, AZ; and Isabel M. Humphrey, Three Gateway, Phoenix, AZ, for the plaintiffs-appellants.

Terry Goddard, Arizona Attorney General, and Paula S. Bickett (argued), Phoenix, AZ, for the defendants-appellees.

Timothy D. Keller (argued) and Clint Bolick, Institute for Justice, Phoenix, AZ; and Richard D. Komer, Institute for Justice, Washington, D.C., for intervenors-defendants-appellees, Arizona School Choice Trust, Glenn Dennard and Luis Moscoso.

Benjamin W. Bull, Gary S. McCaleb, Jeremy D. Tedesco, Alliance Defense Fund, Scottsdale, AZ, for intervenor-defendant-appellee, Arizona Christian School Tuition Organization.

Before: D.W. NELSON, STEPHEN REINHARDT, and RAYMOND C. FISHER, Circuit Judges.

OPINION

FISHER, Circuit Judge:

Arizona law grants income tax credits restricted to taxpayers who make contributions to nonprofit organizations that award private school scholarships to children. Plaintiffs, certain Arizona taxpayers, allege that some of the organizations funded under this program restrict the availability of their scholarships to religious schools, and that the program in effect deprives parents, the program's aid recipients, of a genuine...

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