Jackson v. Benson

578 N.W.2d 602 (1998)

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Jackson v. Benson

Wisconsin Supreme Court
578 N.W.2d 602 (1998)

Facts

In 1995, the Wisconsin legislature amended the Milwaukee Parental Choice Program (MPCP), an educational-assistance voucher program that allowed parents of school children to use public funds to send their children to private schools. Among the amendments, parents were no longer restricted from using MPCP funds at sectarian schools. Children attending religious schools with MPCP funds could not be compelled to participate in religious activities under the amendments. A teachers’ union and others (plaintiff) filed a lawsuit alleging that the MPCP was unconstitutional under the Wisconsin Constitution. The trial and appellate courts found that the MPCP violated the benefits clause and the compelled-support clause of the Wisconsin Constitution, and the state (defendant) appealed.

Rule of Law

Issue

Holding and Reasoning (Steinmetz, J.)

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