Wisconsin

AMENDMENT LANGUAGE

State Constitutional Provisions

Wis. Const. art. I, § 18: "[As amended Nov. 1982] The right of every person to worship Almighty God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend, erect or support any place of worship, or to maintain any ministry, without consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries."

Wis. Const. art. X, § 3: "[As amended April 1972] The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years; and no sectarian instruction shall be allowed therein; but the legislature by law may, for the purpose of religious instruction outside the district schools, authorize the release of students during regular school hours."

Wis. Const. art. X, § 6: “Provision shall be made by law for the establishment of a state university at or near the seat of state government, and for connecting with the same, from time to time, such colleges in different parts of the state as the interests of education may require. The proceeds of all lands that have been or may hereafter be granted by the United States to the state for the support of a university shall be and remain a perpetual fund to be called ‘the university fund,’ the interest of which shall be appropriated to the support of the state university, and no sectarian instruction shall be allowed in such university.”

RELEVANT CASES

State Courts

·       Jackson v. Benson, 639 N.W.2d 545 (Wis. 2002), cert. denied, 537 U.S. 1106 (2003) (Motion to vacated 1998 ruling by disqualifying participating judge dismissed as frivolous).

Vincent v. Voight, 614 N.W.2d 388 (Wis. 2000) (The revenue limitations of the state school finance system were found constitutional. The court construed the uniformity clause of state constitution art. X, § 3 to relate to the "character of instruction" offered in the public schools, and not the size, boundaries, or composition of the school districts. The clause does not require absolute uniformity in either educational offerings or per-pupil expenditures among school districts).

Jackson v. Benson, 578 N.W.2d 602 (Wis. 1998), cert. denied, 525 U.S. 997 (1998) (Wisconsin Constitution does not prohibit neutral school voucher program).

State ex rel. Wisconsin Health Facilities Authority v. Lindner, 280 N.W.2d 773 (Wis. 1979) (A Catholic hospital did not advance religion but used funds for the predominantly secular aspects of health care and did not violate the First Amendment or art. I, § 18 of the Wisconsin Constitution. The hospital resembled a college rather than a lower grade school. The determination whether an institution is pervasively religious is contextual. The determinative factor must be the opportunity for and susceptibility to religious indoctrination).

State ex rel. Warren v. Nusbaum, 219 N.W.2d 577 (Wis. 1974) (State aid for special educational needs of handicapped children serves a bona fide public purpose and does not violate the First Amendment or art. I, § 8, of the Wisconsin Constitution. The crucial question is not whether some benefit accrues to a religious institution as a consequence of the legislative program, but whether its principal or primary effect advances religion).

State ex rel. Reynolds v. Nusbaum, 115 N.W.2d 761 (Wis. 1962) (Statute requiring school boards operating public elementary or high schools to provide transportation to and from public school for all pupils residing at point in district two or more miles from nearest public school which they might attend violated art. I, § 8 of the Wisconsin Constitution. The court found that providing transportation for pupils of religious schools was support of the religious schools).

State ex rel. Conway v. District Board of Joint School Dist., 156 N.W. 477 (Wis. 1916) (A school board's holding of high school graduation exercises in various church buildings and the giving of a nonsectarian prayer did not violate the Wisconsin Constitution because it was not the giving of sectarian instruction).

State ex rel. Weiss v. District Board of School District No. 8 of the City of Edgerton, 44 N.W. 967 (Wis. 1890). (Wis. 1890) (The court found that because the reading of the Bible in a common school is religious instruction, the money drawn from the state treasury for the support of such school is "for the benefit of a religious seminary" and violates art. 1, § 18 of the Wisconsin Constitution).

SECONDARY MATERIALS

State Attorney General Opinions

·       1986 Op. Atty. Gen. 45. (A school district may, with certain limitations, permit a private school pupil or a child in a home-based private educational program to participate in selected courses or activities, in nature of remedial programs, of the public school district.)

·       1979 Op. Atty. Gen. 89. (Assembly bill requiring school boards to purchase textbooks and loan them without charge to pupils of public and private schools within the district does not violate the United States or Wisconsin Constitution.)

·       1975 Op. Atty. Gen. 139. (Funds under section 406 of Title IV of the Elementary and Secondary Education Act may be spent on 'dual enrollment' or 'shared time' programs, where both public and private students are permitted to participate, as long as the services are provided on public school premises.)

·       1975 Op. Atty. Gen. 136. (To confer Title I benefits on a parochial school would violate art. I, sec. 18 of the Wisconsin Constitution, which provides, in part: '[N]or shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries.')

·       1975 Op. Atty. Gen. 75. (A school district can provide health and welfare services to students attending private schools, but not educational services.)

·       1966 Op. Atty. Gen. 124. (Art. I, sec. 18 of the Wisconsin Constitution prohibits the use of funds received under Title I of the Elementary and Secondary Education Act to pay salaries of any persons teaching in church-affiliated schools, whether or not they were public school teachers sent to such schools.)

REPEAL EFFORTS

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