In a landmark case that may profoundly affect the future of public education, the U.S. Supreme Court held in a 5-4 decision that a Cleveland school voucher program did not violate the Establishment Clause of the U.S. Constitution.
In its decision in Zelman v. Simmons-Harris,[1]� the Court reversed the decision of the U.S. Court of Appeals for the Sixth Circuit.[2]� The Court thus continued its movement of the past several years toward increased tolerance of religious activities in public schools[3]� and greater flexibility in allowing the use of taxpayer dollars to assist parents wishing to send their children to religious schools. With respect to vouchers, school officials and attorneys have taken note of the High Court’s denials of certiorari in cases approving Arizona’s tax credit plan[4]� and a Milwaukee tuition voucher program.[5]� However, the Court also denied certiorari in a Maine case that dismissed a parent’s “free exercise” claim challenging the state’s refusal to make payments of grants directly to parochial schools in areas not served by public schools, while providing grants to qualified private non-sectarian schools in the same area.[6]� Thus, the stage was set for the Court to rule directly on this significant issue.
