Duncan v. State of New Hampshire

Litigation: Challenging New Hampshire’s Education Tax Credit Programs passed in 2012, alleging that it would primarily benefit religious schools, that those schools would use program funds for religious indoctrination and proselytization, and that the schools would discriminate against religion in admissions and hiring practices, in violation of the New Hampshire constitution’s Blaine amendment and compelled support clause.  Opposed to educational choice program: American Civil Liberties Union Foundation Program on Freedom of Religion and Belief; American Federation of Teachers; American Federation of Teachers-New Hampshire; AFL-CIO; Americans United for Separation of Church and State; Anti-Defamation League; NEA-New Hampshire; New Hampshire Civil Liberties Union; New Hampshire School Administrators Association; New Hampshire School Boards Association. In support of parents: Alliance Defending Freedom; Andrew J. Coulson; Becket Fund for Religious Liberty; Cato Institute; Concord Christian Academy; Concord Christian Academy Giving and Going Alliance; Cornerstone Policy Research; Friedman Foundation for Educational Choice (now EdChoice); Grace Christian School; Institute for Justice; Jason M. Bedrick; Liberty Institute; Network for Opportunity; Pacific Legal Foundation; Roman Catholic Bishop of Manchester

Outcomes: On August 28, 2014, the New Hampshire Supreme Court issued a decision upholding the state’s tax-credit scholarship program. In the decision, the court dismissed the lawsuit due to lack of standing by the defendants; the court reasoned they were unable to show harm caused by the program. The justices overturned a previous lower court ruling, which disallowed scholarships to schools that were religiously affiliated.

Why it Matters: Upholding this program set the stage for the pursuit of additional school choice options in this state. Today, New Hampshire has two additional educational choice opportunities for children – Education Freedom Accounts and Town Tuitioning.

Effects: This program began with 103 students participating, but that number dropped to 40 when the program was challenged in court. After the Court’s positive ruling, 128 students participated and the number of children benefiting from these scholarships has grown every year, now over 700.

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