Boyette v. Galvin

Schoolchildren and parents in Massachusetts sought government funding for parochial education by amending a provision of the Massachusetts Constitution — known as the”Anti-Aid Amendment — that bars any public financial support for private primary or secondary schools.

They sought to amend this provision through a voters’ initiative, but the state Constitution explicitly prohibits initiatives to amend the Anti-Aid Amendment, as well as initiatives that concern “religion, religious practices or religious institutions.”

Becket challenged the two provisions prohibiting voters’ initiatives, arguing that they violate the Free Speech, Free Exercise, Equal Protection, Right to Petition, and Establishment Clause provisions of the federal Constitution.

In 2004 the court ruled against us. The Supreme Court declined to hear the case.