| Court
Rules Cleveland School Voucher Program Unconstitional ReligionToday
Dec. 13, 2000
A
federal court ruled that a Cleveland school voucher program is unconstitutional
because it allows government funds to go to religious schools. A
panel of three judges of the 6th Circuit Court of Appeals in Cincinnati
noted that 96 percent of the 4,000 voucher recipients in Cleveland
chose to attend religious schools, according to The
Washington Post. Church-supported schools introduce religious
beliefs in the classroom, making them ineligible for federal funds,
the panel ruled. ...The vouchers amount to giving government funds
to religious schools, the court said. "To approve this program would
approve the actual diversion of government aid to religious institutions
in endorsement of religious education," the majority wrote. The
opinion included the mission statements and policies of Cleveland
area religious schools, including one that required students to
pledge allegiance to the Christian flag and another that said its
top priority is to develop "devotion to God as our Creator, Redeemer,
and Sanctifier," according to the Post. ...Judge James L. Ryan disagreed
with the ruling in a sharp dissent. "Imagine, religious schools
are truly religious!" he wrote. "Is the point being made here that
religious schools may participate in a voucher program providing
they are not too religious?"
Parents who send their children to religious schools are aware that
religious beliefs are taught there, he said. The voucher program
will continue while state attorneys seek a hearing before the full
circuit court or an appeal to the Supreme Court, the Post reported.
There are five publicly funded school voucher programs around the
country. Voluntary prayers can’t be held at graduation ceremonies,
the
11th U.S. Circuit Court of Appeals
ruled.
The court, meeting in Atlanta,
overturned a ruling that the First Amendment allows
student-led
prayers, the Associated Press said. The case involved
a
Duval County, Fla., school system policy that allowed
graduating
students to decide by vote whether they wanted a
student-led prayer during the
ceremony. The policy "coerces
objecting students to participate
in prayer," because they have
to attend the ceremony, Chief
Justice Joseph Hatchett wrote in
the majority opinion.
Reprinted
with permission from Religion Today, http://www.ReligionToday.com."
Top
of page
Actual
resolution of legal issues depends upon many factors, including variations
of facts and state laws. This web publication in not intended to provide
legal advice for specific subjects, but rather to provide insight
into legal developments and issues that we feel could be useful to
our clients and friends. |