The editorial board of the NYTimes weighed in today on the question of Arizona's Christian school tuition tax credit scheme, considered by the Supreme Court earlier this week. In an op-ed fittingly titled "A Crack in the Wall Between Church and State," the piece urges the court to draw a line here and declare such discriminatory uses of tax money unconstitutional.
Last year in Arizona, $52.1 million in scholarships helped support more than 27,500 students at private and parochial schools. The money came from letting people who owe state income taxes take a credit, up to $500. They can contribute the amount to 50 or so nonprofit tuition organizations that give money to parents who want to send their children to schools they serve.
Arizona boasts that it gives taxpayers an incentive to take part in the program, and why not? It’s a use-it-or-lose-it, free-money scheme. They can give up to $500 to a school tuition organization or add exactly that amount to their tax payment. What the state calls voluntary cash contributions are really redirected tax payments. They have to be made when a taxpayer files a state tax return.
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If the court resolves the case on the merits, a split along ideological lines will not be surprising. But Mr. Bender ably exposed the Arizona program as a crack in the wall between church and state. The court should mend it by calling for the program to stop discriminating on the basis of religion.
