New Hampshire
Constitutional Provisions on Education
Compelled Support Clause
“But no person shall ever be compelled to pay towards the support of the schools of any sect or denomination ….” New Hampshire Const. Pt. FIRST, Art. 6.
Blaine Amendment
“Provided, nevertheless, that no money raised by taxation shall ever be granted or applied for the use of the schools or institutions of any religious sect or denomination.” New Hampshire Const. Pt. SECOND, Art. 83.
Other Relevant Provisions
“Every member of the community … is therefore bound to contribute his share in the expense of such protection .…” New Hampshire Const. Pt. FIRST, Art. 12. “[A]nd to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and residents within, the said state .…” New Hampshire Const. Pt. SECOND, Art. 5.
Case Law Relevant to School Choice
Trustees of Phillips Exeter Academy v. Exeter, 27 A.2d 569 (N.H. 1940)
The New Hampshire Supreme Court held that aid to educational institutions by exempting them from taxation is a proper exercise of the legislative power.
Opinion of the Justices, 616 A.2d 478 (N.H. 1992)
The justices of the New Hampshire Supreme Court opined that a proposed voucher program violated the New Hampshire
Constitution because it contained no safeguard to prevent use of public funds for religious purposes.
Opinion of the Justices, 233 A.2d 832 (N.H. 1967)
The justices of the New Hampshire Supreme Court opined that appropriating money from a sweepstakes fund directly to parochial institutions violates the Establishment Clause of the First Amendment.
Opinion of the Justices, 113 A.2d 114 (N.H. 1955)
The justices of the New Hampshire Supreme Court opined that nursing education scholarships do not violate the New Hampshire Constitution because they were religiously neutral and intended to further the teaching of the science of nursing.
Questions on Constitutionality of School Choice in New Hampshire?
Contact Leslie Hiner at 317-681-0745 or leslie@edchoice.org.
