School Choice & Charters

Supreme Court’s Voucher Showdown Draws Hundreds To Witness History

By Karla Scoon Reid — February 27, 2002 5 min read
  • Save to favorites
  • Print

The pro-voucher rally outside the court last week was swelled by busloads of Ohioans, including Jackie Meeks of Cleveland.
—James W. Prichard/Education Week

Representatives from both the pro-voucher and anti-voucher camps forged a bipartisan coalition here about 14 hours before the U.S. Supreme Court heard oral arguments in the Cleveland tuition-aid case last week.

The accord didn’t address the separation of church and state or the use of public money for religious school tuition. But it did establish a humane system of bathroom breaks and food runs for those gathered in line Feb. 19 at the base of the Supreme Court’s steps to secure a seat for the arguments the following morning.

“We may have been opponents on vouchers, ... but we had a great time in our common misery—the cold,” said Michael A. Fox, a former Ohio state legislator who sponsored the state’s 1995 voucher law. He camped out for a seat in the court with pillows and blankets borrowed from his Holiday Inn room.

“The last time I camped out was in 1969, after a Peter, Paul, and Mary concert in Cincinnati,” Mr. Fox, a Republican, recalled with a laugh. “We sang ‘Puff the Magic Dragon’ around a campfire.”

Russ E. Williams Jr., a voucher proponent who was first in line, said that throughout the evening, the queue engaged in “friendly debates” about the merits of the Cleveland Scholarship and Tutoring Program, which allows students to attend private and religious schools with the state paying up to $2,250 of the bill.

Mr. Williams, the director of operations for the Apple Tree Institute for Education Innovation, a nonprofit group that runs an early-childhood program in Washington, brokered the line agreement with the second person in line, Nat Polish.

The owner of a software-technology company in New York City, Mr. Polish’s father-in-law, Marvin E. Frankel, is one of the two lawyers who argued against the voucher program before the court last week.

Competing Rallies

But the gentlemanly discussion came to an end when those in line were ushered by police into the court building about 9:30 a.m.

Hundreds of boisterous demonstrators took up where they left off, giving raucous voice to the case outside. Television cameras swarmed at the arrival of Cleveland voucher supporters, who made a colorful entrance wearing bright-orange knit caps as they joined demonstrators from Milwaukee; Pensacola, Fla.; Philadelphia; Richmond, Va.; and Washington among other places. Students dressed in neatly pressed Catholic school uniforms fervently waved homemade signs.

“It’s David fighting Goliath,” proclaimed Chauncey Carter, a 65-year- old grandmother in a Cleveland Browns pullover. Her grandson Timothy uses a voucher to attend a Roman Catholic school.

Minutes later, a crowd of voucher opponents gathered across the street, opposite the program’s supporters, setting off a verbal war of words. “Public schools suck!” chanted some Cleveland parents as their counterparts demanded, “Public funds for public schools!”

As the crowds began to swell, tourists turned their cameras from the court to the protesters and snatched signs for souvenirs. One teenager, seemingly unaware of the crux of the debate, shouted encouragement anyway: “Fight for your right to do stuff!”

A Cleveland public school parent, Steve Croom, alluded to the prominent involvement of students in the pro- voucher demonstration as he spoke at the anti-voucher rally sponsored by People for the American Way: “My children right now are at school. They are learning something. My children didn’t take the day off to protest.”

While speakers at the rally against vouchers decried the Cleveland program as a scheme devised to prop up private schools at the expense of public schools, voucher supporters across the street began to sing “We Shall Overcome.”

Indeed, the rally that voucher supporters, including the Institute for Justice, organized at the base of the Supreme Court plaza, punctuated by songs and by chants for “justice and equality,” had the air of the 1960s civil rights struggle. Yet there was one noticeable difference: The National Association for the Advancement of Colored People’s national director of education addressed voucher opponents across the street.

Kaleem Caire, the executive director of the Black Alliance for Educational Options, a Washington-based group that advocates school choice, contended that the “folks across the street” are defending an institution that has failed thousands of children.

“Go tell them,” he yelled, “we ain’t gonna have it no more!”

Celebrity Sightings

Demonstrators erupted into louder cheers and chants when the lawyers emerged from the court building at about 11:30 a.m. to address a bouquet of microphones and a mob of reporters.

Fannie M. Lewis, a Cleveland city councilwoman, raised her hands above her head in Rocky-like fashion as she descended the court steps to celebrate what she predicted would be a victory for vouchers, despite arguments that allowing government money to end up in the hands of religious schools breaches the separation of church and state.

“That’s a cliché,” Ms. Lewis said, as reporters scribbled her comments down. “Nobody is looking for religion. I’m not. I’m looking for a decent education.”

With the crowd reaching a fever pitch, former Wisconsin Gov. Tommy G. Thompson, now the U.S. secretary of health and human services, made a surprise appearance, glad- handing voucher advocates. His state enacted a voucher program for Milwaukee that helped provide a model for the one in Cleveland.

And Kenneth W. Starr, the former Whitewater independent counsel who helped write Ohio’s defense of its voucher program, posed for a photo with a fan after addressing the media.

Emotions were running high, as voucher detractors at the base of the Supreme Court steps eventually melded with pro-voucher demonstrators. A verbal altercation led to a brief shoving match between two men near the court.

Mark Morrison, a Washington lobbyist, said he joined the anti-voucher cause because he tired of voucher supporters parading “poor black kids in front of the media” while, he said, depriving the public schools of adequate funding.

A version of this article appeared in the February 27, 2002 edition of Education Week as Supreme Court’s Voucher Showdown Draws Hundreds To Witness History

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Choice & Charters Video Private School Choice Is Growing. What Comes Next?
States are investing billions of dollars in public funds for families to use on private schooling.
1 min read
School Choice & Charters The Legal Fight Over Private School Choice: Who Is Suing and Why?
Court battles are underway—or recently wrapped up—for programs in at least nine states.
1 min read
Arkansas Gov. Sarah Huckabee Sanders, left, attends a news conference with Tennessee Gov. Bill Lee, right, Tuesday, Nov. 28, 2023, in Nashville, Tenn. Gov. Lee presented the Education Freedom Scholarship Act of 2024, his administration's legislative proposal to establish statewide universal school choice.
Arkansas Gov. Sarah Huckabee Sanders, left, attends a news conference with Tennessee Gov. Bill Lee in Nashville, Tenn. on Nov. 28, 2023. Both Republican governors have championed new programs that let families in their states use public funds for private education. The programs in both states are facing legal challenges.
George Walker IV/AP
School Choice & Charters Opinion Civil Society Is Withering. How to Help Schools Restore Engagement
Can a new wave of initiatives stem the trend of isolation?
7 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
School Choice & Charters The Federal Choice Program Is Here. Will It Help Public School Students, Too?
As Democrats decide whether to opt in, some want to see the funds help students in public schools.
9 min read
Children play during recess at an elementary school in New Cuyama, CA on Sept. 20, 2023. Can a program that represents the federal government’s first big foray into bankrolling private school choice end up helping public school students?
As Democratic governors decide whether to sign their states up for the first major federal foray into private school choice, some say they want public school students to benefit. Here, children play during recess at an elementary school in New Cuyama, Calif., on Sept. 20, 2023.
Marcio Jose Sanchez/AP