ICAP represented the South Carolina State Conference of the NAACP and the Orangeburg County School District in an intervention to protect the integrity of public-school funding. The litigation was initiated by the Roman Catholic Bishop of Charleston and several private schools, who sought to invalidate Article XI, Section 4 of the South Carolina Constitution, also known as the state’s “no-aid provision,” which prohibited public funds from being diverted to private schools. The plaintiffs argue that the provision violates the Free Exercise and Equal Protection Clauses of the U.S. Constitution by discriminating against religious schools.
The NAACP’s and school district’s efforts to intervene were mooted after the plaintiffs lost on summary judgment.
