Winn v. Arizona Christian School Tuition Organization

KOZINSKI, Chief Judge, KLEINFELD, GOULD, TALLMAN, BYBEE, BEA, and N.R. SMITH, Circuit Judges:

This case involves an Establishment Clause challenge to an Arizona educational tax credit program that provides scholarships to students wishing to attend private schools. This case is more notable, however, for what it does not involve: state action advancing religion. The government does not direct any aid to any reli*659gious school. Nor does the government encourage, promote, or otherwise incentivize private actors to direct aid to religious schools. Rather, “state aid reaches religious schools solely…