Whether Arizona’s use of tax credits funneled through state-certified and state-supervised non-profits to award student scholarships based on religious criteria and for use in religious schools violates the Establishment Clause.

In August 2008, the ACLU'S Program on Freedom of Religion and Belief and the ACLU of Florida filed suit on behalf of two students at Pace High School in the Santa Rosa County School District in Florida, charging that school district officials have used their governmental positions to promote their personal religious beliefs throughout district schools.