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ARIZONA CHRISTIAN SCHOOL TUITION ORG. v. WINN

Nos. 09-987, 09-991.

131 S.Ct. 1436 (2011)

563 U.S. 125

ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION, Petitioner, v. Kathleen M. WINN et al. Gale Garriott, Director, Arizona Department of Revenue, Petitioner, v. Kathleen M. Winn et al.

Supreme Court of United States.

Decided April 4, 2011.

Attorney(s) appearing for the Case

Neal K. Katyal , Acting Solicitor General, for United States as amicus curiae, by special leave of the Court, supporting the petitioners.

Paula S. Bickett , for petitioners.

Paul Bender , Phoenix, AZ, for respondents.

Steven R. Shapiro , Daniel Mach , American Civil Liberties Union Foundation, New York, NY, Daniel Pochoda , American Civil Liberties Union Foundation of Arizona, Phoenix, AZ, Paul Bender , Counsel of Record, Phoenix, AZ, Isabel M. Humphrey , Hunter, Humphrey & Yavitz, PLC, Phoenix, AZ, for respondents.

Terry Goddard , Attorney General of Arizona, Mary O'Grady , Solicitor General, Paula S. Bickett , Counsel of Record, Chief Counsel, Civil Appeals, Kathleen P. Sweeney , Barbara A. Bailey , Assistant Attorneys General, Phoenix, AZ, for petitioner Gale Garriott.

David A. Cortman , Counsel of Record, Alliance Defense Fund, Lawrenceville, GA, Benjamin W. Bull , Gary S. McCaleb , Jordan W. Lorence , Jeremy D. Tedesco , Alliance Defense Fund, Scottsdale, AZ, for petitioner ACSTO.

Institute for Justice, Timothy D. Keller , Counsel of Record, Paul V. Avelar , Tempe, AZ, Institute for Justice, William H. Mellor , Richard D. Komer , Clark M. Neily III , Arlington, VA, for respondents in Support of Petitioners Glenn Dennard, Luis Moscoso, and Arizona School Choice Trust.

Justice KENNEDY delivered the opinion of the Court.

Arizona provides tax credits for contributions to school tuition organizations, or STOs. STOs use these contributions to provide scholarships to students attending private schools, many of which are religious. Respondents are a group of Arizona taxpayers who challenge the STO tax credit as a violation of Establishment Clause principles under the First and Fourteenth Amendments...

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