Cleveland judge rules against voucher plan

Christian Century, Jan 5, 2000

A federal judge ruled against Cleveland's taxpayer-funded school voucher program December 20, saying the plan violated constitutional safeguards mandating separation of church and state. The ruling by U.S. District Judge Solomon Oliver Jr. made his earlier temporary order permanent.

The ruling signaled new uncertainty for the thousands of Cleveland parents who send their children to voucher schools, although students can remain in their current schools while the appeal process continues. The judge said there has been no attempt to guarantee that state aid supports only secular educational functions at participating schools.

He also said parents of students in the program lack a true choice between sending their children to a parochial or a secular school because most of the 56 participating voucher schools are religious institutions. "Thus, the program has the effect of advancing religion through government-supported religious indoctrination," Oliver said. His decision came as no surprise. Earlier he had said that voucher opponents had a strong argument against the constitutionality of the program because it appeared to have the "primary effect of advancing religion."

The experimental program gives children from poorer families the opportunity to attend private schools in Cleveland. More than 4,000 students from kindergarten through sixth grade receive up to $2,500 in tuition vouchers. Oliver halted the program just before the start of this school year, saying it couldn't resume until he determined its constitutionality. He later allowed students who participated in the past to continue getting funds while the case was pending.--RNS