Cleveland Vouchers Likely Unconstitutional, Says Federal Court.

Voucher aid to religious schools in Ohio probably violates the constitutional separation of church and state, a federal court held Aug. 24.

In a major victory for Americans United, U.S. District Judge Solomon Oliver Jr. analyzed the Ohio Pilot Scholarship Program in a 28-page opinion and found that it raises serious church-state concerns. Oliver issued an order blocking continued operation of the plan, but he later stayed it when voucher parents complained that the ruling, which came just days before school started, left them too little time to make other arrangements.

Oliver made it clear, however, that he believes the program violates the U.S. Constitution. In his decision, the judge wrote that voucher funding of religious schools "has the primary effect of advancing religion" and said the plaintiffs have a good chance of prevailing when the matter comes before his court for a full heating later this year.

But voucher parents complained that the ruling had left them scrambling to find a classroom for their children. Local and national newspapers and television networks ran a number of sympathetic stories portraying the voucher parents as victims. In the face of intense pressure, Oliver agreed to stay the injunction. However, he stayed it for one semester only and ruled that no new students could enter the voucher program.

Americans United is assisting the parent plaintiffs in the case, arguing that vouchers are unconstitutional. AU attorneys said Judge Oliver's opinion is a clear sign that he believes the voucher plan is unconstitutional and will strike it down later. The stay, they said, is little more than a temporary reprieve for vouchers.

"This is the second federal court to rule against vouchers in the past three months," said Americans United Executive Director Barry W. Lynn. "Voucher supporters need to realize that the law is not on their side. Taxpayers cannot be required to support houses of worship or their schools."

Ohio's voucher plan was originally passed in 1995. It gives parents $2,500 vouchers to attend private, sectarian or other public schools in Cleveland. (No public schools have agreed to enter the program.) Americans United and its allies in public education first filed suit against the program in state court, but earlier this year the Ohio Supreme Court ruled that the plan did not violate the separation of church and state. The organizations then decided to file a lawsuit in federal court.

In his opinion, Judge Oliver analyzed the line of U.S. Supreme Court cases dealing with parochial school aid and found that, since the key cases barring direct taxpayer aid to religious schools have not been overturned, they are still binding.

In other news about tax aid to church schools, Florida's voucher program is under way, although it remains under court challenge. The program went into effect Aug. 16, when 58 students in Pensacola began attending private schools with taxpayer funds. Only five private schools have agreed to participate in the program--four are Roman Catholic and one is a Montessori school.

The Florida plan, championed by Republican Gov. Jeb Bush, ranks public school districts across the state and gives vouchers to students in schools deemed "failing." (So far, only a few districts have received failing grades.) The program is being challenged in state court by Americans United, the National Association for the Advancement of Colored People, the American Civil Liberties Union and the Anti-Defamation League.