School Choice and State Constitutions

46 Pages Posted: 12 Aug 2013 Last revised: 7 Jan 2014

See all articles by Toby J. Heytens

Toby J. Heytens

University of Virginia School of Law

Date Written: 2000


State constitutional provisions dating back to the nineteenth century occupy an increasingly prominent place in the twenty-first century debate over private school voucher programs. In the public debate and in the courts, voucher opponents invoke state constitutional provisions, popularly known as Blaine Amendments, to support their contention that government may not operate a program that sends money to religious schools. This Note, written in 2000, argues that many (if not all) of these state constitutional provisions themselves violate the Equal Protection Clause of the Federal Constitution.

Keywords: School choice, vouchers, Blaine amendments

Suggested Citation

Heytens, Toby J., School Choice and State Constitutions (2000). Virginia Law Review, Vol. 86, No. 1, 2000, Available at SSRN:

Toby J. Heytens (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
202-257-2635 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
PlumX Metrics