explaining that an inquiry under the no-aid provision “necessarily will be case-by-case and will consider such matters as whether the government-funded program is used to promote the religion of the provider, is significantly sectarian in nature, involves religious indoctrination, requires participation in religious ritual, or encourages the preference of one religion over another”
How later courts described this case
- explaining that an inquiry under the no-aid provision “necessarily will be case-by-case and will consider such matters as whether the government-funded program is used to promote the religion of the provider, is significantly sectarian in nature, involves religious indoctrination, requires participation in religious ritual, or encourages the preference of one religion over another”
- holding that taxpayers had standing under the no-aid provision to challenge the constitutionality of statutes that authorized the state to direct appropriations to sectarian institutions
Written by the judges who cited it.
The opinion
On Motion for Rehearing En Banc
The motion for rehearing en banc filed by appellees on December 29, 2009, the response of the appellants thereto, and the request for a vote by a judge in regular active service on this court have been considered by all judges of the court who are in regular active service and who are not disqualified. See rule 9.331(d)(a), Fla. R.App. P. Less than a majority of those judges have voted in favor of rehearing en banc. Accordingly, the motion for rehearing en banc is denied.
WOLF, KAHN, WEBSTER, BENTON, VAN NORTWICK, PADOVANO and CLARK, JJ., concur. LEWIS and WETHERELL, JJ., dissent. THOMAS, J., dissents with opinion with which HAWKES, C.J., and ROBERTS, ROWE and MARSTILLER, JJ., concur.