A Crumbling Wall? Religious Institutions and Public Education Funding
Total Credits: 1.5 CLE
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- Categories:
- Miscellaneous | Appellate Practice & Advocacy | Constitutional Law
- Faculty:
- David D Garner | Timothy David Keller | Paul Vincent Avelar | Bryan David Neihart | Bethany Sarah Miller | Bradley John Pew
- Co-Sponsored by:
- The State Bar of Arizona Religious Liberty Law Section
Description
For over 50 years, the Supreme Court has interpreted the Establishment Clause of the US Constitution to require public education to be non-religious. From statehood, Arizona's Constitution has prohibited "appropriation of public money in aid of any ... private or sectarian school." But in Carson v. Makin (2022) and Espinoza, et al v. Montana Department of Revenue (2020), the U.S. Supreme Court upheld programs that allow tax dollars to flow to religious schools. This Spring, the Court will again consider the constitutionality of religious charter schools in Oklahoma Statewide Charter School Bd. v. Drummond. Arizona has two public aid programs which parents can use to pay for private education--even at religious institutions. How has the law evolved to allow these things, and how might Drummond impact it further? Join education law experts as they discuss Arizona education law and its place within the religion clauses of the Arizona and US Constitutions as well as its legal future.
Faculty:
David D. Garner, Osborn Maledon PA
Tim Keller, The Center for the Rights of Abused Children
Bryan Neihart - Senior Counsel, Alliance Defending Freedom
Moderated by Paul Avelar, Institute for Justice Arizona Office
This program has been evaluated by the State Bar and will not provide partisan or political views.
Faculty
David D Garner Related Seminars and Products
is a school attorney with Osborn Maledon PA in Phoenix, Arizona. Dave is a former high-school English teacher and took his love for schools with him into the practice of law. For nearly twenty-five years, he has regularly represented charter schools and other public, K-12 schools, as well as institutions of higher education, in litigation, administrative hearings, board governance matters, employment matters, student matters, policy advice, and day-to-day issues of all stripes. His practice has included representing schools in litigation involving constitutional challenges, including issues arising under the Establishment and Free Exercise Clauses of the First Amendment. Dave is a frequent presenter on both the national and local level and enjoys helping schools avoid legal pitfalls and be prepared to effectively defend themselves when litigation is necessary. When not practicing law, Dave is an avid runner and hiker who can regularly be found in the Grand Canyon and other trails throughout the Southwest. He posts his favorite hiking photos on Instagram @azhikingfotos.
Timothy David Keller Related Seminars and Products
is Senior Vice President and Legal Director at the Center for the Rights of Abused Children, where he defends the constitutional rights of abused and abandoned children. His work focuses on protecting children from abuse, securing timely and permanent placements, and ensuring legal representation. Tim also oversees the Center’s pro bono Children’s Law Clinic. Inspired by fostering children, Tim is passionate about advocating for their right to counsel. He previously worked at the Institute for Justice, where he focused his practice on defending school choice programs and led teams in two U.S. Supreme Court victories. Tim lives in Chandler with his wife, Lisa, their four sons, one daughter-in-law, and their dog, Gus, whose popular Instagram account has nearly 12,000 followers.
Paul Vincent Avelar Related Seminars and Products
Managing Attorney
Institute for Justice Arizona Chapter
Bryan David Neihart Related Seminars and Products
serves as senior counsel with Alliance Defending Freedom, where he is a member of the Center for Conscience Initiatives. He has represented artists, licensed professionals, and organizations to protect their freedom to express their faith in the public square, including 303 Creative LLC v. Elenis at the U.S. Supreme Court. Before joining ADF, Neihart clerked for judges on the U.S. District Court for the District of Colorado and the Colorado Court of Appeals. He also practiced law with a litigation firm in Denver and represented businesses, insurance companies, and hospitals in both federal and state courts. Neihart earned his J.D. from the Sturm College of Law of the University of Denver and an M.A. in international human rights from the Josef Korbel School of International Studies. He is a member of the state bars of Arizona and Colorado. When he’s not working, Bryan spends time with his family, hikes, and manages a fantasy football league.