A state law provides a 500 'educational tax credit' to parents for each child enrolled in a private school, regardless of whether the school is religious or secular. Is this law constitutional?

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US Federal Constitution QUESTION #5838

Question 1

A state law provides a \$500 'educational tax credit' to parents for each child enrolled in a private school, regardless of whether the school is religious or secular. Is this law constitutional?

No, because it has the primary effect of advancing religion in violation of the Establishment Clause.
No, because it results in 'excessive entanglement' between church and state.
Yes, because it is a neutral program that provides aid directly to parents, not the schools.✔️
Yes, because the state has a compelling interest in educational choice.

Correct Answer Explanation

Under Zelman v. Simmons-Harris, a school voucher or tax credit program is constitutional if it is 'neutral' with respect to religion and provides assistance to a broad class of citizens (parents) who then exercise 'true private choice' in where to spend the money.

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