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MMLU / A state passed a statute stating that it will pay for one-half of the tuition…

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question

A state passed a statute stating that it will pay for one-half of the tuition for any student attending a private school, whether religious or secular, as long as the school meets the educational requirements established by the department of education. The parents of two students who attend a public high school in the state sue for a declaratory judgment and injunction in federal court, claiming that the state statute violates the establishment clause of the First Amendment. Assume that the federal court decides to hear the case on its merits. Which of the following is the state's LEAST persuasive argument for sustaining the validity of the statute?

choices

  1. The state statute benefits the parents or guardians of all the children in private schools, religious and nonreligious.
  2. The primary effect of the state statute is not to advance or inhibit religion.
  3. The administration of the state statute by the department of education does not foster excessive governmental entanglement with religion.
  4. The state statute is a valid exercise of state regulatory action in the field of education.

subject

professional_law

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