Religious Schools and Vouchers

Miami Herald
by Lesley Clark, Daniel A. Grech and Bob Radziewicz

The U.S. Supreme Court ruled that students in failing public schools can use taxpayer-funded vouchers at religious schools as long as their parents have a choice among public, private and religious institutions.

Led by a conservative majority of justices, the 5-4 ruling in the Cleveland case breached the wall between church and state, making it one of the most important legal decisions on education in decades. It also cleared a constitutional cloud over vouchers, a controversial education reform championed nationally by President Bush and in Florida by his brother, Gov. Jeb Bush.

''The court's ruling affirms the constitutionality of programs that allow parents a real choice,'' said Gov. Bush, who is running for reelection touting his education record. His own voucher plan, though, is being challenged in state court by critics that include the powerful Florida Education Association, the state's teachers union.

''We believe that the program challenged here is a program of true private choice,'' said Chief Justice William H. Rehnquist, writing for the majority. He was joined by Justices Sandra Day O'Connor, Antonin Scalia, Anthony M. Kennedy and Clarence Thomas.

''By upholding the constitutionality of Cleveland's school-choice program, the Supreme Court has offered the hope of an excellent education to parents and children throughout our country,'' Rehnquist said.

The ruling continues the court's pattern of mandating equal treatment for religious organizations or ideas. In general, the court has ruled that once a public-funded benefit or forum is available to secular users, it cannot be denied to religious users merely because they are religious.

By endorsing the Cleveland program, the court drew a map for numerous states and cities awaiting a ruling before considering their own versions.