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 _______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.