Z is for Zelman

Zelman v. Simmons-Harris
[June 27, 2002, decided 5-4]

The Cleveland public schools were performing badly, so the State of Ohio began a school voucher plan where vouchers were given to parents, who then chose to enroll their children in participating public and private schools.  Both religious and non-religious private schools participated, but most of the participating private schools were affiliated with religious groups.  Certain Ohio taxpayers sued the State for violation of the Establishment Clause.

Chief Justice Rehnquist wrote that the "Ohio program is entirely neutral with respect to religion. It provides benefits directly to a wide spectrum of individuals, defined only by financial need and residence in a particular school district. It permits such individuals to exercise genuine choice among options public and private, secular and religious. The program is therefore a program of true private choice."

The purpose of the program in this case was secular, assisting poor children in a failing public school to complete their education.

Under the Private Choice Test developed by the Supreme Court, a voucher program must meet all of the following criteria to be constitutional:
 
1.  the program must have a valid secular purpose – here, providing educational assistance to poor children in a failing public school system.
 
2.  aid must go to parents and not to the schools – vouchers were given to parents.
 
3.  a broad class of beneficiaries must be covered – all students enrolled in the existing failing school system.
 
4.  the program must be neutral with respect to religion – parents were not required to enroll their children in a religious-based school.
 
5.  there must be adequate nonreligious options – participating schools included public schools in adjoining districts, secular private schools, and religious-based schools.

This decision interpreted federal law.  Most state constitutions have so-called Blaine Amendments which specifically forbid state funding of religious education. Ohio's Blaine Amendment was not considered by the Supreme Court in Zelman.  Other states have struck down similar voucher systems as violating their state Blaine Amendment. 



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