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00-1751 Zelman v. Simmons-Harris

By: dmc-admin//July 1, 2002//

00-1751 Zelman v. Simmons-Harris

By: dmc-admin//July 1, 2002//

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“The instant program is one of true private choice, consistent with the Mueller line of cases, and thus constitutional. It is neutral in all respects towards religion, and is part of Ohio’s general and multifaceted undertaking to provide educational opportunities to children in a failed school district. It confers educational assistance directly to a broad class of individuals defined without reference to religion and permits participation of all district schools – religious or nonreligious – and adjacent public schools. The only preference in the program is for low-income families, who receive greater assistance and have priority for admission. Rather than creating financial incentives that skew it towards religious schools, the program creates financial disincentives: Private schools receive only half the government assistance given to community schools and one-third that given to magnet schools, and adjacent public schools would receive two to three times that given to private schools. Families too have a financial disincentive, for they have to copay a portion of private school tuition, but pay nothing at a community, magnet, or traditional public school. No reasonable observer would think that such a neutral private choice program carries with it the imprimatur of government endorsement.

234 F.3d 945, reversed.

Local effect:

The decision is consistent with Wisconsin Supreme Court law upholding school vouchers. Jackson v. Benson, 218 Wis.2d 835, 578 N.W.2d 602 (1998).

Rehnquist, C. J.; O’Connor, J., concurring; Thomas, J., concurring; Stevens, J., dissenting; Souter, J., dissenting; Breyer, J., dissenting.

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