National Coalition for Public Education & Religious Liberty v. Harris

OPINION

TENNEY, District Judge.

The constitutional prohibition against government aid to parochial schools 1 has provoked considerable litigation resulting in an array of not entirely harmonious judicial decisions. 2 This Establishment Clause challenge to Title I of the Elementary and Secondary Education Act of 1965, 79 Stat. 27, as amended, 20 U.S.C. §§ 2701 et seq. (“Title I”), was launched over twenty years ago and, at that time, culminated in the landmark decision of Flast v. Cohen, 392 U.S. 83, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968). The same day that Flast established that a taxpayer had…