Two Tennessee public school teachers, who lost their jobs when their alternative school was closed and responsibilities outsourced to a private religious instituion, have the right to sue Jefferson County officials, over the public funding of religion, according to a decision by the entire (en banc) 6th Circuit Friday. The teachers in this case have standing to sue not because they were fired, but because they are taxpayers.
The majority opinion concludes that Kucera and Forgety have the right to sue because their taxes are being used to fund the provision of governmental education by a religious institution. The majority panel dismissed a dissenting claim that because the board's decision saved taxpayer money, taxpayers cannot, in turn, complain about constitutional violations.
"Because Forgety and Kucera allege that the county spent their tax dollars in violation of the constitution when it outsourced alternative education to Kings-wood – and regardless of whether the county would have spent more to follow the law – they meet the injury element of standing as municipal taxpayers," the opinion stated.
You can read the opinion here.
