Zelman v. Simmons-Harris
Introduction
The
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The notion of "school choice" has become one of the most contentious issues in American public education today (Owens 717). Most often the issue is framed as one of parents' choice to seek the best education for their children or one of students' choice to attend better-performing schools. The American public education system, however, is based on the belief that a democracy has a responsibility to educate its citizens, thereby inculcating within them a sense of civic and social responsibility. This paper explores the forces behind and the future made possible by the United States Supreme Court's decision in Zelman v. Simmons-Harris to conclude that the decision will likely lead to increased governmental support for school voucher programs and increased privatization of American education. Unfortunately, these occurrences will take place at the expense of America's responsibility as a democratic republic to educate its citizens in the broad obligations of civic and social tolerance and responsibility.The Birth of School Voucher Programs Approximately 90 percent of America's fifty-three million school-aged children attend publicly funded primary or secondary schools (Owens 717). Traditionally, American children have been assigned attendance at public elementary and secondary schools according to their residence in a particular school district, regardless of the educational quality or character of the school (Owens 717). I
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stion he believed remained, therefore, was whether the Cleveland program unconstitutionally advanced or inhibited religion.
Rehnquist believed that question could be answered by Supreme Court precedent. He found within that precedent what he described as a consistent distinction between government programs that provide aid directly to religious schools and programs of true private choice, in which government aid reaches religious schools only as a result of the genuine and independent choices of private individuals. For example, Rehnquist referenced his own written opinion in Mueller v Allen, 463 U.S. 388 (1983) in which Court upheld a state program that allowed tax deductions for educational expenses, including tuition costs. In Mueller, a significant majority of the tax deductions were taken by parents with children in religiously-affiliated private schools. Still, the Court found that insufficient to establish the program's unconstitutionality. In Zelman, Rehnquist described Mueller to stand for the proposition that it was "sufficient" that an educational assistance program offered "true private choice, with no evidence that the State deliberately skewed incentives toward religious schools" (Tushnet 1).
Rehnquist also lo
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Approximate Word count = 4399
Approximate Pages = 18 (250 words per page)
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