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Witters v. Washington Department of Services for the Blind (docket #: 84-1070) (1986)  [Findlaw]

Argument Date 11/06/1985
Decided 1/27/1986
Supreme Court Vote 5-4-0
Supreme Court Ruling Establishment Clause claim denied; the petitioner's use of neutrally available state aid to help pay for his religious education does not confer a message of state endorsement of religion
 
IssueWhether extension of aid under a Washington vocational rehabilitation program to finance a blind man's training at a Christian college would advance religion in a manner inconsistent with the Establishment Clause.
Majority Opinion Marshall, J.
Concurring Opinion White, J., & Powell, J. (joined by Burger, C.J., & Rehnquist, J.)
Lower Court Washington Supreme Court
Lower Court Ruling Establishment Clause claim upheld
Lawyers
For Petitioner
Michael P. Farris

For Respondent
Timothy R. Malone, Assistant Attorney General of Washington

Briefs
For Amicus
Acting Solicitor General Fried, Acting Assistant Attorney General Willard, Michael C. McConnell, Anthony J. Steinmeyer, and Michael Jay Singer for the United States (for petitioner)

American Civil Liberties Union et al. (for repondent)

Anti-Defamation League of B'nai B'rith et al. (for respondent)

Christian Legal Society et al. (for petitioner)

Lee Boothby and Walter E. Carson for Americans United for Separation of Church and State

Marc D. Stern and Ronald A. Krauss for the American Jewish Congress (for petitioner)

National Legal Christian Foundation (for petitioner)

Rutherford Institute et al. (for petitioner)

Samuel Rabinove and Richard T. Foltin for the American Jewish Congress (for petitioner)

News Stories & Commentary
Lindsey, Daryl, "Vouchers and the Law," salon.com, March 28, 2000

Ruling - Lower Court
102 Wash. 2d 624, 689 P.2d 53
News
"High Court Reverses Ruling on Religious Studies," The New York Times, Jan. 28, 1986, Sect. A, p. 14
Epstein, Aaron, "Court Oks 'Neutral' State Aid in Religious Case," The Philadelphia Inquirer, Jan. 28, 1986, Sect. A, p. 5
Other
Gey, Steven G., RELIGION AND THE STATE (2nd Ed.) (2006), pp. 577-581
Stone, Seidman, Sunstein, Tushnet, CONSTITUTIONAL LAW (3rd Ed.) (1996), pp. 1586-1587
Books
Witte, John Jr., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 176, 178
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