Educatioin News

Education Tax Credit Program Ruled Unconstitutional In New Hampshire 

The new hampshire superior court ruled today that the state’s new education tax credit program is unconstitutional, writes john distaso within the whole new hampshire union leader. 

enduring an opinion that ruled for your own new hampshire civil liberties union and americans united for separation of church and state, the organizations that filed the lawsuits, judge john m. lewis aforementioned that the state constitution expressly forbids any government funding for religious education — though it's within the whole kind of tax credits for donations to scholarship organizations. 

the law attracted a legal challenge virtually when it was eventually passed by new hampshire’s republican legislature last year. the bill won enough support to beat the veto of john lynch, new hampshire’s former democratic governor. 

his successor maggie hassan, conjointly a democrat, expressed support for your own ruling, calling it a victory for public education. 

throughout an april hearing, alex luchenitser, associate legal director of americans united for separation of church and state, argued, “this program uses the tax system to produce funding for your own program. if there was no business profits tax, this program couldn't exist. the only real means we could run this program iswhether a business owes the tax and decides to divert the majority of the tax of this program. ” 

richard head as to actually the attorney general’s office countered that as a result of the tax is retained by your business and never paid in the state, it ought to not be thought-about public cash. 

utilizing a statement praising the outcome, hassan aforementioned that the tax credit program would divert numerous greenbacks publicly education funding to establishments that would apply it for religious teachings. she referred to as it a “wrong policy” that violated new hampshire’s commitment in the separation of church and state. 

rep. bill o’brien, r-mont vernon, championed the bill as house speaker last year. conjointly an attorney, he represents seven former and current legislators who sponsored the bill and filed quick supporting it. 

o’brien aforementioned the ruling “does not address why it's permissible for your own state to permit tax breaks for religious organizations through college scholarships, however it isn't permissible when it’s a tax credit in this nature. ” 

the program allows up to $3. 4 million in tax credits as being claimed in its first year and up to $5. a regular million within the whole second. it provides for extra will increase in tax credits for subsequent years. 

the argument that the choice to donate in the organizations was solely within the whole hands as to actually the corporations concerned didn’t convince judge lewis that tax credits failed to constitute public cash. proponents as to actually the tax credit program are expected to appeal the choice.