Jenks and Union schools actually sued the parents of children with special needs for using the scholarships. Yes, the schools sued the parents of autistic children!
They based their opposition on the “Blaine Amendment” in Oklahoma’s constitution. It forbids using state funds to support religious purposes. The measure was designed to hold back immigrant children by blocking access to Catholic schools, the kind of idea embraced by people who thought blacks should use separate restrooms — another measure enacted during the same era for the same reasons.
Government scholarships already pay for private school tuition. Medicaid pays for health care at Catholic and Baptist hospitals. Allowing a child with special needs access to specialized education benefits the child, not a church.