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This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. The first section describes the "school choice" movement of the past fifty years, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. The second section argues that based on thedoi:10.1017/jlr.2017.27 fatcat:asuwguqpxrdklartyxbcjkdwpu