Moses v. Skandera

Summary

The New Mexico Supreme Court considers whether the state's instructional-material loan program may provide books to students attending private schools. The Court holds that Article XII, Section 3 of the New Mexico Constitution prohibits using funds appropriated, levied, or collected for educational purposes to support private schools, whether secular or sectarian. The Court reverses the Court of Appeals and the district court and withdraws and substitutes its prior opinion.

Holdings

1. The Instructional Material Law violates Article XII, Section 3 because it uses funds appropriated, levied, or collected for educational purposes to provide support to private schools.
2. Article XII, Section 3 prohibits both direct and indirect support to sectarian, denominational, or private schools.
3. The use of Mineral Lands Leasing Act funds for the Instructional Material Fund does not preempt or otherwise override the limitation imposed by Article XII, Section 3.

Questions Presented

1. Whether the Instructional Material Law violates Article XII, Section 3 of the New Mexico Constitution by providing publicly funded instructional materials for use by students attending private schools.
2. Whether federal Mineral Lands Leasing Act funds used for the Instructional Material Fund are subject to the state constitutional restriction in Article XII, Section 3.
3. Whether Article XII, Section 3 prohibits indirect as well as direct support of private schools.

Disposition

reversed_and_remanded