ERIC Number: ED473328
Record Type: Non-Journal
Publication Date: 2002-Nov
Reference Count: N/A
Flame On: The Fight Over Vouchers will be a War within the States.
Darden, Edwin C.
This short paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses educational voucher programs. It states that proponents of voucher programs, having scored a major victory in the U.S. Supreme Court with "Zelman v. Simmons-Harris" (2002), will continue to press their agenda at the state and local levels. (In "Zelman v. Simmons-Harris," the Court decided that vouchers programs, structured correctly, can overcome any objections based upon First Amendment religious-separation grounds.) The paper discusses some of the obstacles that voucher supporters might face. It specifically examines whether the legally permissible state clauses that are more restrictive than the federal Constitution's Establishment Clause will prove to be an impediment to the implementation of vouchers, and whether public opinion will support voucher programs. The paper discusses the "Blaine Amendments," language that bars allocation of public money to religious causes, and recaps current (at the time the paper was written) cases in Florida, Maine, Massachusetts, and Washington. The paper concludes with key findings of a national opinion poll on vouchers; most of the findings are unfavorable toward vouchers. (WFA)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: Florida; Maine; Massachusetts; Washington
Identifiers - Laws, Policies, & Programs: Establishment Clause