School Vouchers

As mentioned, in matters of government expression, courts often look to the endorsement test, but when involving the use of government funds, courts are most interested in determining the neutrality of the financial aid. By determining whether the governmental action is neutral in treatment, the Supreme Court has allowed religious schools to participate in generally-available state voucher programs. It also has allowed states to provide computers to both public and religious schools, as well as provide remedial teachers to low-achieving students, whether attending religious or public schools. Mitchell v. Helms (2000), Zelman v. Simmons-Harris (2002), Under this analysis, the faith-based initiatives of the Bush administration, when structured appropriately, appeared to conform to constitutional standards.

Inside School Vouchers