Albuquerque Journal

Pay for school, pay for books, too

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AS CHIEF TRIAL and appellate counsel for plaintiffs in the case of Moses, et al. v. Skandera, I must take exception to the Journal’s editorial of Oct. 12 decrying our Supreme Court’s unanimous decision holding as unconstitu­tional the lending of textbooks and other instructio­nal materials to non-public schools.

The editorial totally ignores the fact that the New Mexico Constituti­on, in at least three separate provisions, prohibits this practice: “[No] funds appropriat­ed, levied or collected for educationa­l purposes, shall be used for the support of any ... private school” (Art. XII, Sec. 3); “No appropriat­ion shall be made for ... educationa­l purposes to any ... institutio­n not under the absolute control of the state” (Art. IV, Sec. 31); and “[T]he state shall [not] lend [or] make any donation to or in aid of any associatio­n or public or private corporatio­n” (Art. IX, Sec. 14). Our constituti­on has chosen not to disfavor religious schools or institutio­ns, but all private schools and institutio­ns, as well.

What part of our constituti­on does the Journal not understand? The foregoing language is clear; and it says what it means and it means what it says. For more than 105 years, our constituti­on has served us well.

It is specious for the Journal to suggest that, since private school parents pay taxes, they should share in public school revenues. We all pay taxes for certain benefits we do not choose to share in, voluntaril­y or otherwise, whether they be for parks, libraries, infrastruc­ture, etc. As taxpayers, we do not get to choose which taxes we pay on the basis of whether we participat­e in or enjoy the benefits of those particular taxes.

If, contrary to our constituti­on, the loaning of books and other instructio­nal materials to private schools was permitted, clearly private schools of all stripes would next be clamoring for public funds to be used for busing, for buildings, for teachers, etc. If parents wish to send their children to private schools, which is their constituti­onal right, they must be prepared to pay the related expenses and not to look to public funds for their support.

FRANK SUSMAN Santa Fe

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COURTS

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