Americans United challenges Ohio voucher plan in Federal court

Church & State, Sep 1999

Americans United and a coalition of civil liberties and public education groups filed a lawsuit July 20 in federal court challenging voucher aid to religious schools in Cleveland, Ohio.

The Harris-Simmons v. Zelman case, filed on behalf of three parents and taxpayers, marks the first federal court test of a state program offering voucher assistance to religious education. The complaint was filed in Cleveland at the U.S. District Court for the Northern District of Ohio, Eastern Division.

In the suit, Americans United and allied groups charge that diverting public funds to religious schools violates the church-state separation provision of the U.S. Constitution.

"Ohio taxpayers should never be forced to contribute their hard-earned dollars to a church or church school," said the Rev. Barry W. Lynn, Americans United executive director. "Vouchers violate the Constitution and jeopardize our vital public school system.

"I firmly believe the federal courts will uphold the separation of church and state," continued Lynn. "The Constitution simply does not permit politicians to force Americans to pay for religious instruction."

Vouchers were authorized in Ohio under the Ohio Pilot Project Scholarship Program, which the legislature passed 1995. The program issues vouchers of up to $2,500 for Cleveland students to attend religious and other private schools. After the plan passed, Americans United and other organizations filed suit against it in state court, and on May 27 the voucher measure was struck down on a technicality by the Ohio Supreme Court. However, in its decision the court said vouchers do not violate church-state separation.

In the wake of the ruling, Ohio lawmakers quickly passed new legislation reapproving the voucher plan, which was signed into law by Gov. Bob Taft (R).

Organizations joining Americans United in the new lawsuit include the Ohio Education Association, the American Civil Liberties Union and People For the American Way.