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Maryland had a grant system that provided for any qualified institution of higher learning to get 15% of the State’s per full-time pupil for the in-state college system appropriation. The only qualification was that the grants could not be used for sectarian purposes. The District Court found that the purpose of the aid program was secular in supporting private higher education generally as an economic alternative to a wholly public school system. The statute was ruled constitutional. Roemer appealed.

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