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Boyette v. Galvin

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Boyette v. Galvin is a court case filed on March 3, 1998, in federal court challenging provisions of the Massachusetts Constitution that forbid citizens in Massachusetts from using the initiative process for issues pertaining to private school funding.

In September 1998, a federal judge signed an order permitting a petition to be circulated for signatures while the court challenge was pending. In 1999, more than 78,000 signatures were certified, surpassing the minimum requirement. But in order for the petition to come before the legislature, and henceforth the voters, the Massachusetts Attorney General must certify that it is proper for the legislators to take it up. In a letter of September 1, 1999, the incumbent AG declared that one of the very constitutional provisions being challenged prohibited him from doing so. The Federal Court upheld the state's constitutional prohibition on prohibiting initiatives that pertain to religion and, by extension, private school funding.