A state wants to open a pilot daycare program for preschool children and, to that end, it submitted the project for open bids as required by state law. The lowest bid that met the criteria established by the state was submitted by a religious organization. The organization's bid is low, in part, because the building in which the program would be housed is tax exempt under state law under a religious institution exemption to property taxes. The organization agreed to operate under the conditions of the project contract, including the provision prohibiting the program from being used to espouse or promote any particular religious view. Studies have shown, however, that children in such situations tend to emulate their caregivers. The state decides to award the contract to the organization. A citizen of the state brings an action in a proper state court seeking to set the award aside, claiming that it violates the United States Constitution.
Is the citizen likely to prevail?
A) Yes, because the program would constitute an establishment of religion.
B) Yes, because the organization's First Amendment rights of freedom of religion and speech would be violated by the contract provision prohibiting it from espousing its religious views.
C) No, because the program is necessary to achieve the compelling state interest of educating youth.
D) No, because any entanglement with religion is not excessive.