School Choice & Charters

Voucher Foes Submit Briefs As Supreme Court Date Looms

By Mark Walsh — January 16, 2002 4 min read
  • Save to favorites
  • Print

A diverse coalition of religious and education groups, as well as labor unions representing not only teachers but also firefighters and pipefitters, is urging the U.S. Supreme Court to strike down the Cleveland voucher program.

“On principles espoused by Madison and Jefferson, and steadily enforced by this court, payments to sectarian schools like those involved here are barred by the establishment clause,” argues a brief filed last month on behalf of a group of Ohio taxpayers who challenged the state-enacted tuition vouchers.

The Supreme Court will hear oral arguments Feb. 20 in Zelman v. Simmons- Harris (Case No. 00-1751) and will likely hand down by summer what most observers expect to be a landmark ruling on government aid for religious schools.

Proponents of the 6-year-old Cleveland program filed their briefs in November. Among those joining in friend-of-the-court briefs on the pro-voucher side were then-Mayor Rudolph W. Giuliani of New York and the economist Milton Friedman.(“Groups Weigh In as High Court Mulls Vouchers,” Nov. 28, 2001.)

Last month, it was the voucher opponents’ turn, and they also flooded the court with hundreds of pages of arguments.

Two main briefs represent the groups that challenged the voucher program as an unconstitutional government establishment of religion.

One group is affiliated with the American Federation of Teachers. Its brief was written by Marvin E. Frankel, a former federal judge who has been fighting vouchers in court for several years. In his view, the 96 percent of some 4,000 Cleveland voucher students who are using grants of $2,250 each at religiously affiliated schools represents “massive direct funding” of religion.

The other main opponents’ group is represented chiefly by Robert H. Chanin, the longtime general counsel of the National Education Association. Mr. Chanin is expected to argue the anti-voucher side before the Supreme Court.

1973 Decision Cited

In fairly dry language that eschews any policy arguments against vouchers, Mr. Chanin in his brief argues that the Cleveland program is essentially similar to a New York state program of tuition grants for private schooling that the high court struck down in 1973.

“The Ohio voucher program aid that finances religious education and indoctrination is properly attributable to the state and ... the program thus runs afoul of the establishment clause,” the brief says.

Several prominent opponents of vouchers were precluded from filing separate briefs because they have been involved in the Ohio litigation from the beginning. The American Civil Liberties Union, People for the American Way, and Americans United for Separation of Church and State have all signed on to Mr. Chanin’s brief.

Plenty of other organizations filed their own briefs. The National School Boards Association, joined by 10 other national education groups, told the high court that the benefits of voucher programs such as Cleveland’s are “illusory” and that the program is available only to “a handful of well- behaved, nondisabled students who are acceptable to the parochial schools.”

In a reunion of civil rights groups that split years ago, the National Association for the Advancement of Colored People joined with the NAACP Legal Defense and Educational Fund to argue that the voucher program fails to fulfill the promise of equal educational opportunity for all guaranteed by the Supreme Court’s 1954 decision in Brown v. Board of Education.

“The program ... creates serious dangers of increased school segregation of publicly funded education in the Cleveland area,” the organizations say in their joint brief.

One group made an oblique reference to recent terrorism. The National Committee for Public Education and Religious Liberty told the court it was concerned about a provision of the Ohio law requiring the disqualification from the voucher program of any school teaching hatred.

“It is not difficult to imagine, especially at this moment, claims that faiths are teaching ‘hatred’ of nonbelievers,” the New York City-based group argues. That would lead to the state’s review of whether, say, a Muslim or Jewish school was advocating hatred through its teachings, the group says. And such scrutiny, it says, would be “the very sort of entanglement of church and state that the framers intended the establishment clause to guard against.”

By far, the friend-of-the-court brief with the most varied range of signers comes from the California Alliance for Public Schools, a coalition of labor, education, and religious groups that formed in 2000 to fight a voucher proposal on California’s statewide ballot. The ballot initiative was soundly defeated.

Besides the inclusion of state groups representing school districts, administrators, teachers, and school nurses, the coalition also claims as members the California State Firefighters Association and the state Pipe Trades Council, which represents plumbers and pipefitters. The alliance’s brief states that all of its members “have a vital interest in California’s schools.”

“School voucher plans inevitably steer voucher recipients toward religious schools, in violation of the establishment clause and to the clear detriment of the public schools,” the alliance argues.

Related Tags:

A version of this article appeared in the January 16, 2002 edition of Education Week as Voucher Foes Submit Briefs As Supreme Court Date Looms

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