Should the Government be Allowed to Engage in Racial, Sexual, or Other Acts of Discrimination?

Arkansas law provides scholarship funds to students who meet specified academic criteria. This article examines the constitutional implications of making direct monetary payments to non-secular schools. It analyzes this practice in light of the Establishment Clause, and claims disparate impact discrimination under current administration of the scholarship program. The merits of a private cause of action under §1983 are addressed.

The article concludes with the Libertarian perspective of the issues raised.