COMMONWEALTH of Kentucky EX REL. Attorney General Daniel CAMERON, Appellant
v.
Holly M. JOHNSON, in Her Official Capacity as Secretary of the Finance and Administration Cabinet; Akia McNeary; Chris Rasheed, on Behalf of Himself and His Minor Child; Council for Better Education, Inc.; Frankfort Independent School Board; Katherine Walker-Payne, on Behalf of Herself and Her Minor Children; Michelle Grimes Jones, on Behalf of Herself and Her Minor Children; Nancy Deaton; the Board of Education of the Augusta Independent School District; the Board of Education of the Bowling Green Independent School District; the Board of Education of the Corbin Independent School District; the Board of Education of the Paintsville Independent School District; the Board of Education of the Pineville Independent School District; the Board of Education of the Raceland Worthington Independent School District; Thomas B. Miller, in His Official Capacity as Commissioner of the Kentucky Department of Revenue; and Warren County School Board, Appellees.
Council for Better Education, Inc.; Frankfort Independent School Board; and Warren County School Board, Appellants
v.
Holly M. Johnson, in Her Official Capacity as Secretary of the Finance and Administration Cabinet; Akia McNeary; Chris Rasheed, on Behalf of Himself and His Minor Child; Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron; Katherine Walker-Payne, on Behalf of Herself and Her Minor Children; Michelle Grimes Jones, on Behalf of Herself and Her Minor Children; Nancy Deaton; and Thomas B. Miller, in His Official Capacity as Commissioner of the Kentucky Department of Revenue, Appellees.
Michelle Grimes Jones, on Behalf of Herself and Her Minor Children; Chris Rasheed, on Behalf of Himself and His Minor Child; and Katherine Walker-Payne, on Behalf of Herself and Her Minor Children, Appellants
v.
Holly M. Johnson, in Her Official Capacity as Secretary of the Finance and Administration Cabinet; Akia McNeary; Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron; Council for Better Education, Inc.; Frankfort Independent School Board; Nancy Deaton; Thomas B. Miller, in His Official Capacity as Commissioner of the Kentucky Department of Revenue; and Warren County School Board, Appellees.
Akia McNeary and Nancy Deaton, Appellants
v.
Council for Better Education, Inc.; Chris Rasheed, on Behalf of Himself and His Minor Child; Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron; Frankfort Independent School Board; Holly M. Johnson, in Her Official Capacity as Secretary of the Finance and Administration Cabinet; Katherine Walker-Payne, on Behalf of Herself and Her Minor Children; Michelle Grimes Jones, on Behalf of Herself and Her Minor Children; Thomas B. Miller, in His Official Capacity as Commissioner of the Kentucky Department of Revenue; and Warren County School Board, Appellees.
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COUNSEL FOR HOLLY M. JOHNSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE FINANCE AND ADMINISTRATION CABINET; AND THOMAS B. MILLER, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE KENTUCKY DEPARTMENT OF REVENUE: Brian C. Thomas , William Robert Long, Jr. , Frankfort, Finance & Administration Cabinet, Bethany Atkins Rice , Office of Legal Services for Revenue, Cabinet.
COUNSEL FOR MICHELLE GRIMES JONES, ON BEHALF OF HERSELF AND HER MINOR CHILDREN; CHRIS RASHEED, ON BEHALF OF HIMSELF AND HIS MINOR CHILD; AND KATHERINE WALKER-PAYNE, ON BEHALF OF HERSELF AND HER MINOR CHILDREN: Jeffrey S. Walther , Lexington, John K. Wood , Walther, Gay & Mack, PLC, Kristen Hollar , Alice O'Brien , National Education Association.
COUNSEL FOR THE BOARD OF EDUCATION OF THE AUGUSTA INDEPENDENT SCHOOL DISTRICT; THE BOARD OF EDUCATION OF THE BOWLING GREEN INDEPENDENT SCHOOL DISTRICT; THE BOARD OF EDUCATION OF THE CORBIN INDEPENDENT SCHOOL DISTRICT; THE BOARD OF EDUCATION OF THE PAINTSVILLE INDEPENDENT SCHOOL DISTRICT; THE BOARD OF EDUCATION OF THE PINEVILLE INDEPENDENT SCHOOL DISTRICT; AND THE BOARD OF EDUCATION OF THE RACELAND WORTHINGTON INDEPENDENT SCHOOL DISTRICT: Timothy Crawford , Corbin, Regina A. Jackson , Michael A. Owsley , Bowling Green, Lindsay Tate Ratliff Porter , English, Lucas, Priest & Owsley.
COUNSEL FOR AMICI CURIAE, AMERICAN FEDERATION OF TEACHERS; KENTUCKY CONFERENCE OF THE NAACP; PASTORS FOR CHILDREN; PASTORS FOR KENTUCKY CHILDREN; PUBLIC FUNDS PUBLIC SCHOOLS AND SOUTHERN EDUCATION FOUNDATION: Bethany A. Breetz , Stites & Harbison, PLLC, Louisville, Wendy Lecker , Jessica Levin , Education Law Center.
COUNSEL FOR AMICI CURIAE, JENNIFER BIRD-POLLAN; PETER ENRICH; KENTUCKY CENTER FOR ECONOMIC POLICY; AND DARIEN SHANSKE: Peter Enrich , Northeastern University School of Law, Pamela Thomas , Kentucky Center for Economic Policy.
COUNSEL FOR AMICUS CURIAE, THE BOARD OF EDUCATION OF FAYETTE COUNTY PUBLIC SCHOOLS: Joshua M. Salsburey , Lexington, Donald C. Morgan , Sturgill, Turner, Barker & Moloney, PLLC.
COUNSEL FOR AMICUS CURIAE EDCHOICE KENTUCKY: Philip D. Williamson , Taft Stettinius & Hollister LLP, John A. Meiser , Notre Dame Law School Religious Liberty Clinic.
OPINION OF THE COURT BY JUSTICEHUGHES.
In 2021 the Kentucky General Assembly passed House Bill (HB) 563,1 creating a structure by which Kentucky taxpayers who donate to account-granting organizations (AGOs) receive a nearly dollar-for-dollar tax credit against their income taxes. These AGOs allocate taxpayer contributions...
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