Funding sectarian schools breaks law

AS CHIEF trial and appellate counsel for plaintiffs in Moses v. Skandera, I write in response to your lead editorial of July 10 (regarding textbook funding), which is long on religious fervor and short on legal substance.

Initially, it should be noted that the New Mexico Supreme Court’s reliance upon Article XII, Section 3, of our state constitution restricts the use of public funds “for the support of any sectarian, denominational or private school, college or university.” Even if this provision did not specifically mention “sectarian” or “denominational” schools, such schools would be included in the general category of “private school(s).”

In addition, two additional provisions of our state constitution preclude the use of public funds for the lending of textbooks. Article IV, Section 31, provides that “No appropriation shall be made for ... educational purposes to any person, corporation, association (or) institution, not under the absolute control of the state . ... ” and Article IX, Section 14, provides that “Neither the state nor any county (or) school district ... shall directly lend ... make any donation to or in aid of any person, corporation, association or public or private corporation.” It is clear that our Constitution says what it means and means what it says. What portions of these constitutional provisions does the Journal not understand?

The logical extension of the Journal’s position would equally extend funds for school buses, teacher salaries, buildings, etc. It should be noted that in 1969, the voters in our state rejected an amendment to Article XII, Section 3, which would have provided for such assistance to sectarian and denominational schools.

Trinity Lutheran is not Moses v. Skandera and as so aptly noted by the U.S. Supreme Court’s majority opinion written by Chief Justice Roberts, Trinity Lutheran involve(d) express discrimination based on religious identity with respect to playground resurfacing. We do not address religious uses of funding or other forms of discrimination. FRANK SUSMAN Santa Fe