Clause jurisprudence is essential to a proper analysis of Parental Choice under Article I, § 18 of the Wisconsin Constitution, the First Amendment is addressed in this dissent. 2 The Establishment Clause of the First Amendment has been made binding on the states by the Due Process Clause of the Fourteenth Amendment. Committee for Pub. Educ. and Religious Liberty v. Nyquist, 413 U.S. 756, 761 n.3 (1973). 3 The Miller defendants base their participation in this lawsuit on the Free Exercise Clause when they argue that without the inclusion of sectarian schools in Parental Choice, their First Amendment rights are violated. Because I conclude that the Milwaukee Parental Choice Program, which permits education in a sectarian school, is constit t. 66) v. Mergens, 496 U.S. 226 (1990) (<HOLDING>). 9 Lamb's Chapel v. Center Moriches Union Free
holding that student has no fundamental right to participate in high school athletics holding proper remedy when a christian student newspaper was denied student activities funds was to make funds available to the religious paper not to deny funds to nonreligious student groups holding high school which allowed student secular noncurricular activities to meet on school property was required to provide equal access to a christian student group holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver holding drug testing high school student athletes was constitutional