Between 2017 and 2022, the U.S. Supreme Court examined three cases that involved states that tried to limit the use of public money to support religious-affiliated schools. The Supreme Court found a violation of the Free Exercise Clause in all three cases. Although not the focus of the Court's opinions, these cases may have created avenues for…

This policy memo examines some fundamental shifts, along with their real-world implications, within the past 60 years of Supreme Court jurisprudence, up to and including the current "Carson v. Makin" case. The Supreme Court is just a few small steps away from transforming every charter school law in the U.S. into a private-school voucher…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Richard Komer's paper helpfully and carefully shows that, after the Supreme Court's 2002 ruling in Zelman v. Simmons-Harris, a formidable obstacle to choice-based educational reform has been removed, and also that other, no-less-formidable obstacles remain, in the form of anti-aid provisions contained in various states' own constitutions. This…

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

In 1999 the Ohio Supreme Court found the Cleveland school voucher program to be constitutional, thereby allowing the three-year-old initiative to continue. However, the school voucher program was ended when Judge Solomon Oliver enjoined the program after the anti-voucher coalition filed suit asking for a preliminary injunction. The judge's…

Supporting federal financing of private schools, the author defines public schools as sectarian and believes that denying aid to private schools effectively denies freedom of choice. (MD)

Discusses the complexity of the Constitutional separation of church and state. Citing specific cases, argues against strict separation on the grounds that the Supreme Court has, historically, managed to accommodate the separationist approach without inhibiting any religion. Advocates tuition vouchers for parochial school students as a way of…

Discusses viability of voucher systems including sectarian schools. Voucher plans' constitutionality may be enhanced by incorporating characteristics such as universal availability, allocation using neutral criteria, and "opting out" clauses. The Supreme Court's ruling in "Santa Fe" may squelch district policies condoning…

The central federal question surrounding vouchers is whether participation of sectarian schools violates the First Amendment's Establishment clause. The U.S. Supreme Court, through its interpretation of the federal Constitution, may have the final word in determining voucher proposals' future. Litigation in Cleveland, Milwaukee, Vermont, and Maine…

A court-approved Milwaukee voucher program permits up to 15% of the city's public schoolchildren to attend private/religious schools at state expense. This represents no victory for vouchers. Although the Wisconsin Supreme Court found vouchers constitutional, it may not believe they are valid under the federal constitution. (MLH)

This magazine aims to help high school teachers of civics, government, history, law, and law-related education program developers educate students about legal issues. This issue focuses on religious freedom in the United States. It contains 11 articles: (1) "Government-Religion Relations in Historical Perspective" (C. Cookson) discusses…

In early 2003, two distinguished researchers in school law analyzed aspects of the law vis-a-vis vouchers and tax credits and the public schools (McCarthy, 2003; Welner, 2003). The issues were confusing, and the author wondered how educators and the public responded. How can policy makers make reasonable decisions about public education without a…

Asserts that the pressures on religious freedom are increasing especially in relation to the issue of religion in the public schools. Focuses on school prayer, the use of school facilities for religious activities, and the controversy surrounding school vouchers. Addresses when religious expression is permitted in public schools. (CMK)

The U.S. Supreme Court through its interpretation of the First Amendment Establishment Clause may ultimately determine whether state-funded voucher proposals are widely adopted. This paper overviews changes in Establishment-Clause doctrine, reviews relevant litigation, and explores potential implications of recent legal developments. (Contains 80…