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GARRIOTT v. WINN

Docket No.: 09-991
Certiorari Granted: May 24, 2010
Argued: November 3, 2010
Decided: 04/04/11
Consolidated with: Docket No. 09-987, 09-988

Topic:

Establishment Clause

PartyNames: Gale Garriott, Director, Arizona Department of Revenue v. Kathleen M. Winn, et al.
Petitioner: Gale Garriott, Director, Arizona Department of Revenue
Respondent: Kathleen M. Winn, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 562 F.3d 1002
Supreme Court Docket

Gale Garriott, Director, Arizona Department of Revenue
v.
Kathleen M. Winn, et al.
Background:

Under Arizona Revised Statutes (A.R.S.) Section 43-1089, individuals who contribute money to school tuition organizations (STOs) that provide scholarships to students wishing to attend private schools are entitled to an income tax credit. Respondents alleged that Section 1089's neutral language and the Legislature's stated secular purpose for enacting it were a pretense and that the tuition tax credit program had the primary effect of advancing religion because a majority of taxpayers who contributed to STOs chose to contribute to STOs that awarded scholarships to students attending religious schools.

Question Presented:

Did the court of appeals err in holding that if most taxpayers who contribute to STOs contribute to STOs that award scholarships to students attending religious schools, Section 1089 has the purpose and effect of advancing religion in violation of the Establishment Clause even though Section 1089 is a neutral program of private choice on its face and the State does nothing to influence the taxpayers or the STOs' choice? FOR ONE HOUR ORAL ARGUMENT CERT. GRANTED 5/24/2010

GARRIOTT v. WINN
ORAL ARGUMENT

November 3, 2010

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