South Carolina

AMENDMENT LANGUAGE

State Constitutional Provision

S.C. Const. art. 11, § 4: "No money shall be paid from public funds nor shall the credit of the State or any of its political subdivisions be used for the direct benefit of any religious or other private educational institution."

RELEVANT CASES

State Courts

·       Durham v. McLeod, 192 S.E.2d 202 (S.C. 1972) (A statute authorizing a state agency to make, insure, or guarantee loans to students at higher education institutions did not violate the state or federal constitution since the fund was a trust fund and students at both private and public schools could receive the loans).

·       Hartness v. Patterson, 179 S.E.2d 907 (S.C. 1971) (Statute providing tuition grants financed from public money to students in order for them to attend independent institutions of higher learning constituted indirect aid to sectarian institutions in violation of the state constitution. However, the constitutional provision relied upon in the opinion was amended in 1973 to prohibit use of state funds for only the direct benefit of a private educational institution. See 1994 Op. Atty. Gen. No. 34).

·       Parker v. Bates, 56 S.E.2d 723 (S.C. 1949) (The plain meaning of the state constitution would prohibit a county from allocating state money to a private, religious hospital or health center even if it were operated as a non-profit, open to the public, and favorable toward all religious traditions).

SECONDARY MATERIALS

State Attorney General Opinions

·       2003 WL 21043491 (S.C.A.G.) (A bill establishing a program to aid low-income students in pursing higher education was likely constitutional so long as the expenditure of public funds primarily benefited the student and not the institution).

·       2003 WL 164474 (S.C.A.G.) (A legislative appropriation of public funds to the state’s Historic Black Colleges represents a direct benefit to private colleges in contradiction to the state constitution).

·       1994 Op. Atty. Gen. No. 94-14 (Under the revised Art. 11, Sec. 4 of the South Carolina Constitution, state residents attending a private Bible college are likely eligible to receive state financial assistance through the Tuition Grants Program so long as they earn degrees in areas other than theology, divinity, or religious education).

·       1990 Op. Atty. Gen. No. 90-21 (A school district cannot deny legally conforming use of its facilities to a church on Sunday unless the school district prohibits all nonschool or nonstudent groups to use the facilities).

·       1983 Op. Atty. Gen. No. 83-40 (A program to extend funds to purchase textbook for use by students in private colleges may not violate Art. 11, Sec. 4 of the South Carolina Constitution).

·       1974 S.C. Op. Atty. Gen. No. 3831 (Consistent with the state and federal constitutions, a school district can lease a building owned by a religious organization for the purpose of educating handicapped children).

·       1974 S.C. Op. Atty. Gen. No. 3687 (Under authorization of legislation, the Department of Education may loan educational films to religious and other private education institutions without violating the state or federal constitutions).

REPEAL EFFORTS

See the Heritage Foundation website for a list of state contacts.