Federal constitutional law currently permits choice programs that include religious schools only if they provide parents with "genuine and independent choice"; as the leading federal case demonstrates, whether this test is satisfied is an interesting and difficult empirical question. State doctrine regarding establishment of religion can be similarly empirically informed. School choice programs must also be consistent with the education clauses of state constitutions, which require state education systems to be "public" and to meet quality baselines. Determining whether these requirements are met also raises many questions that empirical school choice research can address.