Lynn v. Sekulow

Recently in school vouchers Category

Monday August 10, 2009

Categories: school vouchers

Vouchers Hurt Public Schools

Jay,

As one of the commentators on our blog stated, parent satisfaction does not define whether vouchers have been successful. So while I am sympathetic to parent testimony, it's hardly a reason for changing my stance.

I have cited and linked to three studies by the U.S. Department of Education specifically looking into the D.C. voucher program and they show without a doubt that this program has come up short. I can also cite studies of the Milwaukee and Cleveland school voucher programs that show students attending voucher schools perform no better in reading and math than kids who stay in public schools.  See these studies here and here.

It's also important to note that the Zelman case only addressed the U.S. Constitution and did not address state constitutional issues. Thirty-seven states have a church-state provision that is even stronger than the U.S. Constitution, and voucher programs have been struck down in some of those states. Most recently, the Arizona Supreme Court struck down two school voucher programs, finding they were in violation of the state Constitution's "no-aid" provision. This provision prohibits "appropriation of public money...in aid of any...private or sectarian school."

Jay, voucher programs are only going to make public schools suffer because tax money that would ordinarily go to public schools now pays for vouchers. Taking away precious funding hardly seems like a way to improve our public school system.

Thursday August 6, 2009

Vouchers Work & Clear Constitutional Hurdles

Barry, I don't believe that school vouchers run afoul of the First Amendment, and neither does the Supreme Court.  In Zelman v. Simmons-Harris, a school voucher case, the Supreme Court explained that its Establishment Clause jurisprudence makes it clear that:

 

where a government aid program is neutral with respect to religion, and provides assistance directly to a broad class of citizens who, in turn, direct government aid to religious schools wholly as a result of their own genuine and independent private choice, the program is not readily subject to challenge under the Establishment Clause.

 

Even in the majority opinion in Locke v. Davey, which was joined by Justices Ginsburg, Stevens, Breyer, and Souter, the Court recognized that "[u]nder our Establishment Clause precedent, the link between government funds and religious training is broken by the independent and private choice of recipients."

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About Lynn v. Sekulow

Lynn v. Sekulow is an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government, featuring the two leading voices of the church/state battle: American Center for Law & Justice Chief Counsel Jay Sekulow and Americans United for Separation of Church and State Executive Director Rev. Barry W. Lynn.

Please note that in discussing political issues, candidates’ positions and political party statements, the Rev. Barry Lynn and Jay Sekulow are offering analysis in their individual capacities as lawyers and commentators. They are not speaking on behalf of Americans United for Separation for Church and State or for the American Center for Law & Justice. Those organizations do not endorse or oppose candidates for public office. Nothing contained in this dialogue should be construed as the positions of the respective organizations.

About the Authors

Rev. Barry W. Lynn
Executive Director of Americans United for Separation of Church and State, a nonprofit educational organization that defends religious liberty by opposing government interference in religion
» Posts by Rev. Barry W. Lynn
Jay Sekulow
Chief Counsel for the American Center for Law & Justice (ACLJ), a law firm and educational organization focused on protecting religious freedom, American families, and human life.
» Posts by Jay Sekulow
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