So says Florida's First District Court of Appeal, construing the Florida
Constitution's no aid provision in Article One, Section Three, which
provides: "No revenue of the state . . . shall ever be taken from the
public treasury directly or indirectly in aid . . . of any sectarian
institution."  Rejecting arguments that the state constitution imposed no
greater restriction on state spending than did the establishment clause,
the court relied on Locke v. Davey to reject the argument that, so
construed, it would violate the Free Exercise clause.  The court certified
the question to the Florida Supreme Court.

http://www.1dca.org/opinion/opinions2004/8-16-04/02-3160.pdf

Michael R. Masinter                     Visiting Professor of Law
On Leave From                           University of Miami Law School
Nova Southeastern University            (305) 284-3870 (voice)
Shepard Broad Law Center                (305) 284-6619 (fax)
[EMAIL PROTECTED]                       Chair, ACLU of Florida Legal Panel



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