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2003 Hawaii Attorney General Reports and Opinions 1 (2003)

handle is hein.sag/saghi0001 and id is 1 raw text is: LINDA LINGLE MARK J. BENNETT GOVERNOR ATTORNEY GENERAL RICHARD T. BISSEN, JR. FIRST DEPUTY ATTORNEY GENERAL STATE OF HAWAI DEPARTMENT OF THE ATTORNEY GENERAL 425 QUEEN STREET HoNoLuLu, HAWAII 96813 (808) 586-1500 February 7, 2003 The Honorable Blake K. Oshiro Representative, Thirty-Third District The Twenty-Second Legislature State of Hawaii State Capitol #332 Honolulu, Hawaii 96813 Dear Representative Oshiro: Re: The Constitutionality of School Vouchers in Hawaii This is in response to your letter dated October 18, 2002, in which you requested legal advice regarding school vouchers. ISSUES RAISED 1. Is Zelman v. Simmons-Harris, -- U.S. --, 122 S.Ct. 2460 (2002), distinguishable in Hawaii? 2. Would a school voucher program violate the Hawaii State Constitution? BRIEF ANSWERS 1. Yes. In Zelman, the United States Supreme Court held that the Ohio school voucher program did not violate the Establishment Clause of the United States Constitution, which prevents a State from enacting laws that have the purpose or effect of advancing or inhibiting religion. Zelman is inapposite in Hawaii because a Hawaii school voucher program would be precluded under Article X, Section 1 of the Hawaii State Constitution and not the Establishment Clause of the United States Constitution. Significantly, the Establishment Clause was drafted to promote the separation of church and state and Article X, Section 1 of the Hawaii State Constitution was drafted for policy reasons that have nothing to do with religion. 33637_2.DOC Op. No. 03-01