RE: Section 1983, Title IX

Dempsey or Brown (
Fri, 29 Jan 1999 07:51:04 -0800


you wrote:
"On another note, because some of the actions of private schools are not
obliged to non-discriminate, many people are opposed to allowing government
funds (vouchers) be given to private schools."

By way of springboarding from that I see a whole new body of case law that
would develop when the tax money that becomes the vouchers becomes the basis for
arguing that private schools are, therefore, receiving state support and their
actions then become "state action."

In Horner the high school athletic association and again in Smith the NCAA found
themselves cross-ways of the law because their members paid with tax funds. The
funds are tax money and taxation is the function of the government so the courts
found that both were subject to the "state action" requirements, including Title

This is one argument given by some private and religious schools for
NOT wanting state money.

It sound like fun.

Herb Dempsey

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