zelmanvsimmons

Zelman v. Simmons-Harris
536 U.S. 639 2002


 * __Facts:__**
 * Ohio’s Pilot Project Scholarship Program provides vouchers as a form of financial aid for certain students in the Cleveland City School District to attend participating public or private schools (religious or secular) of their parent's choosing.
 * In the 1999-2000 school year 82 percent of the participating private schools had a religious affiliation and 96 percent of the students participating in the scholarship program were enrolled in religiously affiliated schools.
 * Sixty percent of the students were from families at or below the poverty line.
 * A group of Ohio taxpayers argued that this program violated the Establishment Clause.
 * The District Court granted them summary judgment, and the Court of Appeals affirmed.

Can tax money go to voucher scholarship money for religiously affiliated schools? Yes
 * __Issues/Answers:__**


 * __Basis/Rationale:__**
 * The Court held that the program does not violate the Establishment Clause, because the program is part of Ohio's goal to provide educational opportunities to children.
 * The aid given is only incidental and not intentional
 * Chief Justice Rehnquist wrote that the "Ohio program is entirely neutral with respect to religion. It provides benefits directly to a wide spectrum of individuals, defined only by financial need and residence in a particular school district. It permits such individuals to exercise genuine choice among options public and private, secular and religious. The program is therefore a program of true private choice."


 * __Notes:__**
 * This program was part of a larger program after the State of Ohio took over the Cleveland Public Schools in 1995
 * This program was geared towards children in schools that are “under federal court order for supervision”
 * Dissenters cited //Everson v. Board of Ed. of Ewing//, which stated that “No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion.”