zelman superintendent public instruction ohio et al et argued february decided june ohio pilot project scholarship program gives educational choices families ohio school district state control pursuant order program provides tuition aid certain students cleveland city school district covered district attend participating public private schools parent choosing tutorial aid students choose remain enrolled public school religious nonreligious schools district may participate may public schools adjacent school districts tuition aid distributed parents according financial need aid spent depends solely upon parents choose enroll children number tutorial assistance grants provided students remaining public school must equal number tuition aid scholarships school year participating private schools religious affiliation none adjacent public schools participated students participating scholarship program enrolled religiously affiliated schools sixty percent students families poverty line cleveland schoolchildren also option enrolling community schools funded state law run school boards receive twice funding participating private schools magnet schools public schools emphasizing particular subject area teaching method service school district receives amount per student student enrolled traditional public school respondents ohio taxpayers sought enjoin program ground violated establishment clause federal district granted summary judgment sixth circuit affirmed held program offend establishment clause pp program enacted valid secular purpose providing educational assistance poor children demonstrably failing public school system question whether program nonetheless forbidden effect advancing inhibiting religion see agostini felton jurisprudence makes clear government aid program readily subject challenge establishment clause neutral respect religion provides assistance directly broad class citizens turn direct government aid religious schools wholly result genuine independent private choice see mueller allen program government aid reaches religious institutions way deliberate choices numerous individual recipients incidental advancement religious mission perceived endorsement religious message reasonably attributable individual aid recipients government whose role ends disbursement benefits pp instant program one true private choice consistent mueller line cases thus constitutional neutral respects towards religion part ohio general multifaceted undertaking provide educational opportunities children failed school district confers educational assistance directly broad class individuals defined without reference religion permits participation district schools religious nonreligious adjacent public schools preference program families receive greater assistance priority admission rather creating financial incentives skew towards religious schools program creates financial disincentives private schools receive half government assistance given community schools given magnet schools adjacent public schools receive two three times given private schools families financial disincentive copay portion private school tuition pay nothing community magnet traditional public school reasonable observer think neutral private choice program carries imprimatur government endorsement evidence program fails provide genuine opportunities cleveland parents select secular educational options children may remain public school remain public school funded tutoring aid obtain scholarship choose attend religious school obtain scholarship choose attend nonreligious private school enroll community school enroll magnet school establishment clause question whether ohio coercing parents sending children religious schools must answered evaluating options ohio provides cleveland schoolchildren one obtain scholarship choose religious school cleveland preponderance religiously affiliated schools result program phenomenon common many american cities percent cleveland private schools religious ohio private schools attribute constitutional significance figure lead absurd result neutral program might permissible parts ohio percentage lower cleveland ohio deemed programs sorely needed likewise identical private choice program might constitutional lower percentage religious private schools respondents additional argument constitutional significance attached fact scholarship recipients enrolled religious schools flatly rejected mueller constitutionality neutral educational aid program simply turn whether particular area particular time private schools religious recipients choose use aid religious school finally contrary respondents argument committee public ed religious liberty nyquist case expressly reserved judgment sort program challenged govern neutral educational assistance programs offer aid directly broad class individuals defined without regard religion pp reversed rehnquist delivered opinion scalia kennedy thomas joined thomas filed concurring opinions stevens filed dissenting opinion souter filed dissenting opinion stevens ginsburg breyer joined breyer filed dissenting opinion stevens souter joined susan tave zelman superintendent public instruction ohio et petitioners doris et al hanna perkins school et petitioners doris et al senel taylor et petitioners doris et al writs certiorari appeals sixth circuit june chief justice rehnquist delivered opinion state ohio established pilot program designed provide educational choices families children reside cleveland city school district question presented whether program offends establishment clause constitution hold children enrolled cleveland city school district majority children minority families families enjoy means send children school public school generation however cleveland public schools among worst performing public schools nation federal district declared crisis magnitude placed entire cleveland school district state control see reed rhodes cv nd ohio mar shortly thereafter state auditor found cleveland public schools midst crisis perhaps unprecedented history american education cleveland city school district performance audit mar district failed meet state standards minimal acceptable performance ninth graders pass basic proficiency examination students levels performed dismal rate compared students ohio public schools high school students either dropped failed graduation students managed reach senior year one every four still failed graduate students graduate read write compute levels comparable counterparts cities backdrop ohio enacted among initiatives pilot project scholarship program ohio rev code ann anderson supp program program provides financial assistance families ohio school district federal order requiring supervision operational management district state superintendent cleveland ohio school district fall within category program provides two basic kinds assistance parents children covered district first program provides tuition aid students kindergarten third grade expanding year eighth grade attend participating public private school parent choosing second program provides tutorial aid students choose remain enrolled public school tuition aid portion program designed provide educational choices parents reside covered district private school whether religious nonreligious may participate program accept program students long school located within boundaries covered district meets statewide educational standards participating private schools must agree discriminate basis race religion ethnic background advocate foster unlawful behavior teach hatred person group basis race ethnicity national origin religion public school located school district adjacent covered district may also participate program adjacent public schools eligible receive tuition grant program student accepted addition full amount state funding attributable additional student participating schools whether public private required accept students accordance rules procedures established state superintendent tuition aid distributed parents according financial need families incomes poverty line given priority eligible receive private school tuition families participating private schools may charge parental greater families program pays tuition costs cap families receive tuition aid number available scholarships exceeds number children choose tuition aid spent depends solely upon parents receive tuition aid choose enroll child parents choose private school checks made payable parents endorse checks chosen school tutorial aid portion program provides tutorial assistance grants student covered district chooses remain public school parents arrange registered tutors provide assistance children submit bills services state payment students families receive amount charged assistance students receive amount number tutorial assistance grants offered students covered district must equal number tuition aid scholarships provided students enrolled participating private adjacent public schools program operation within cleveland city school district since school year school year private schools participated program religious affiliation none public schools districts adjacent cleveland elected participate students participated scholarship program enrolled religiously affiliated schools sixty percent students families poverty line school year approximately cleveland public school students received tutorial aid number expected double school year program part broader undertaking state enhance educational options cleveland schoolchildren response takeover undertaking includes programs governing community magnet schools community schools funded state law run school boards local school districts schools enjoy academic independence hire teachers determine curriculum religious affiliation required accept students lottery school year community schools cleveland city school district students enrolled child enrolled community school school receives state funding twice funding participating program school may receive magnet schools public schools operated local school board emphasize particular subject area teaching method service students student enrolled magnet school school district receives including state funding amount received per student enrolled traditional public school parents cleveland able choose among magnet schools together enrolled students kindergarten eighth grade schools provide specialized teaching methods montessori particularized curriculum focus foreign language computers arts respondents group ohio taxpayers challenged ohio program state state federal grounds ohio rejected respondents federal claims held enactment program violated certain procedural requirements ohio constitution goff ohio state legislature immediately cured defect leaving basic provisions discussed intact july respondents filed action district seeking enjoin reenacted program ground violated establishment clause constitution august district issued preliminary injunction barring implementation program supp nd ohio stayed pending review appeals december district granted summary judgment respondents supp december divided panel appeals affirmed judgment district finding program primary effect advancing religion violation establishment clause appeals stayed mandate pending disposition app pet cert granted certiorari reverse appeals establishment clause first amendment applied fourteenth amendment prevents state enacting laws purpose effect advancing inhibiting religion agostini felton continue ask whether government acted purpose advancing inhibiting religion whether aid effect advancing inhibiting religion citations omitted dispute program challenged enacted valid secular purpose providing educational assistance poor children demonstrably failing public school system thus question presented whether ohio program nonetheless forbidden effect advancing inhibiting religion answer question decisions drawn consistent distinction government programs provide aid directly religious schools mitchell helms plurality opinion concurring judgment agostini supra rosenberger rector visitors univ collecting cases programs true private choice government aid reaches religious schools result genuine independent choices private individuals mueller allen witters washington dept servs blind zobrest catalina foothills school jurisprudence respect constitutionality direct aid programs changed significantly past two decades agostini supra jurisprudence respect true private choice programs remained consistent unbroken three times confronted establishment clause challenges neutral government programs provide aid directly broad class individuals turn direct aid religious schools institutions choosing three times rejected challenges mueller rejected establishment clause challenge minnesota program authorizing tax deductions various educational expenses including private school tuition costs even though great majority program beneficiaries parents children religious schools began focusing class beneficiaries finding class included parents including parents children attend nonsectarian private schools sectarian private schools provision benefits broad spectrum groups important index secular effect viewing program whole emphasized principle private choice noting public funds made available religious schools result numerous private choices individual parents children said ensured imprimatur state approval deemed conferred particular religion religion generally quoting widmar supra thus found irrelevant constitutional inquiry vast majority beneficiaries parents children religious schools saying loath adopt rule grounding constitutionality facially neutral law annual reports reciting extent various classes private citizens claimed benefits law program one true private choice evidence state deliberately skewed incentives toward religious schools sufficient program survive scrutiny establishment clause witters used identical reasoning reject establishment clause challenge vocational scholarship program provided tuition aid student studying religious institution become pastor looking program whole observed ny aid ultimately flows religious institutions result genuinely independent private choices aid recipients remarked mueller program made available generally without regard nature institution benefited light factors held program inconsistent establishment clause five members separate opinions emphasized general rule mueller amount government aid channeled religious institutions individual aid recipients relevant constitutional inquiry powell joined burger rehnquist concurring citing mueller supra concurring part concurring judgment white concurring holding thus rested whether many recipients chose expend government aid religious school rather whether recipients generally empowered direct aid schools institutions choosing finally zobrest applied mueller witters reject establishment clause challenge federal program permitted interpreters assist deaf children enrolled religious schools reviewing earlier decisions stated government programs neutrally provide benefits broad class citizens defined without reference religion readily subject establishment clause challenge looking challenged program whole observed program distributes benefits neutrally child qualifying disabled primary beneficiaries said disabled children sectarian schools observed according parents freedom select school choice statute ensures interpreter present sectarian school result private decision individual parents focus neutrality principle private choice number program beneficiaries attending religious schools see agostini zobrest turn fact james zobrest time litigation child using publicly funded interpreter attend parochial school program ensured parents ones select religious school best learning environment handicapped child circuit government religion broken establishment clause implicated mueller witters zobrest thus make clear government aid program neutral respect religion provides assistance directly broad class citizens turn direct government aid religious schools wholly result genuine independent private choice program readily subject challenge establishment clause program shares features permits government aid reach religious institutions way deliberate choices numerous individual recipients incidental advancement religious mission perceived endorsement religious message reasonably attributable individual recipient government whose role ends disbursement benefits plurality recently observed numerous private choices rather single choice government determine distribution aid pursuant neutral eligibility criteria government least easily grant special favors might lead religious establishment mitchell see also concurring judgment hen government aid supports school religious mission independent decisions made numerous individuals guide secular aid school reasonable observer likely draw facts inference state endorsing religious practice quoting witters supra concurring part concurring judgment precisely reasons never found program true private choice offend establishment clause believe program challenged program true private choice consistent mueller witters zobrest thus constitutional true cases ohio program neutral respects toward religion part general multifaceted undertaking state ohio provide educational opportunities children failed school district confers educational assistance directly broad class individuals defined without reference religion parent child resides cleveland city school district program permits participation schools within district religious nonreligious adjacent public schools also may participate financial incentive program benefits available participating families neutral terms reference religion preference stated anywhere program preference families receive greater assistance given priority admission participating schools financial incentive ske program toward religious schools witters supra incentives present aid allocated basis neutral secular criteria neither favor disfavor religion made available religious secular beneficiaries nondiscriminatory basis agostini supra program fact creates financial disincentives religious schools private schools receiving half government assistance given community schools assistance given magnet schools adjacent public schools choose accept program students also eligible receive two three times state funding private religious school families financial disincentive choose private religious school schools parents choose participate scholarship program enroll children private school religious nonreligious must copay portion school tuition families choose community school magnet school traditional public school pay nothing although features program necessary constitutionality clearly dispel claim program creates financial incentive parents choose sectarian school zobrest respondents suggest even without financial incentive parents choose religious school program creates public perception state endorsing religious practices beliefs brief respondents et al repeatedly recognized reasonable observer think neutral program private choice state aid reaches religious schools solely result numerous independent decisions private individuals carries imprimatur government endorsement mueller witters internal quotation marks omitted see also capitol square review advisory bd pinette concurring part concurring judgment objective observer familiar full history context ohio program reasonably view one aspect broader undertaking assist poor children failed schools endorsement religious schooling general also evidence program fails provide genuine opportunities cleveland parents select secular educational options children cleveland schoolchildren enjoy range educational choices may remain public school remain public school publicly funded tutoring aid obtain scholarship choose religious school obtain scholarship choose nonreligious private school enroll community school enroll magnet school private schools participating program religious schools condemn violation establishment clause establishment clause question whether ohio coercing parents sending children religious schools question must answered evaluating options ohio provides cleveland schoolchildren one obtain program scholarship choose religious school justice souter speculates private religious schools currently participate program program must somehow discourage participation private nonreligious schools post dissenting opinion cleveland preponderance religiously affiliated private schools certainly arise result program phenomenon common many american cities see dept national center education statistics private school universe survey pp nces hereinafter private school universe survey cited brief amicus curiae indeed accounts program captured remarkable private schools religious nonreligious true cleveland participating private schools religious schools also true private schools ohio religious schools see brief state florida et al amici curiae citing private school universe survey attribute constitutional significance figure moreover lead absurd result neutral program might permissible parts ohio columbus lower percentage private schools religious schools see ohio educational directory lodging respondents gatton et available clerk case file reply brief petitioners cleveland ohio deemed programs sorely needed preponderance religious schools happens greater cf brief state florida et al amici curiae percentages sectarian nonsectarian private schools within florida school districts vary zero percent likewise identical private choice program might constitutional maine utah less private schools religious schools nebraska kansas private schools religious schools citing private school universe survey respondents justice souter claim even focus number participating schools religious schools attach constitutional significance fact scholarship recipients enrolled religious schools claim alone proves parents lack genuine choice even parent ever said need consider argument detail since flatly rejected mueller found irrelevant parents taking deductions tuition expenses paid tuition religious schools indeed recently found irrelevant even constitutionality direct aid program vast majority program benefits went religious schools see agostini willing conclude constitutionality aid program depends number sectarian school students happen receive otherwise neutral aid citing mueller see also mitchell plurality opinion agostini held proportion aid benefiting students religious schools pursuant neutral program involving private choices irrelevant constitutional inquiry concurring judgment quoting agostini supra constitutionality neutral educational aid program simply turn whether particular area particular time private schools run religious organizations recipients choose use aid religious school said mueller uch approach scarcely provide certainty field stands need perceive principled standards statistical evidence might evaluated point aptly illustrated figure upon respondents justice souter rely discounts entirely cleveland children enrolled alternative community schools children enrolled alternative magnet schools children enrolled traditional public schools tutorial assistance see supra including children denominator children enrolled nontraditional schools school year drops percentage enrolled religious schools see also greene racial economic religious context parental choice cleveland table app reporting nontraditional schoolchildren cleveland choose religious schools figure also represents snapshot one particular school year school year contrast scholarship recipients attended religious schools see app pet cert difference attributable two private nonreligious schools accepted scholarship students electing instead register community schools light larger funding community schools uncertain future scholarship program generated litigation see app many students enrolled schools scholarship students remained enrolled community school students thus demonstrating arbitrariness counting one type school assess primary effect ohio rev code ann anderson establishing single office school options provide services facilitate management community schools program pilot project scholarship program spite repeated questioning oral argument respondents offered convincing justification approach relies entirely arbitrary classifications tr oral arg respondents finally claim look committee public ed religious liberty nyquist decide cases disagree two reasons first program nyquist quite different program challenged nyquist involved new york program gave package benefits exclusively private schools parents private school enrollees although program enacted ostensibly secular purposes found function unmistakably provide desired financial support nonpublic sectarian institutions emphasis added genesis said private religious schools faced increasingly grave fiscal problems program thus provided direct money grants religious schools provided tax benefits unrelated amount money actually expended parent tuition ensuring windfall parents children religious schools similarly provided tuition reimbursements designed explicitly offe incentive parents send children sectarian schools indeed program flatly prohibited participation public school parent public school enrollee ohio program shares none features second doubt program challenged nyquist far removed program challenged expressly reserved judgment respect case involving form public assistance scholarships made available generally without regard nature institution benefited course question us since answered first mueller program neutrally provides state assistance broad spectrum citizens readily subject challenge establishment clause citing nyquist supra witters washington program made available generally without regard nature institution quoting nyquist supra zobrest function program hardly provide desired financial support nonpublic sectarian quoting nyquist supra extent scope nyquist remained open question light later decisions hold nyquist govern neutral educational assistance programs like program offer aid directly broad class individual recipients defined without regard sum ohio program entirely neutral respect religion provides benefits directly wide spectrum individuals defined financial need residence particular school district permits individuals exercise genuine choice among options public private secular religious program therefore program true private choice keeping unbroken line decisions rejecting challenges similar programs hold program offend establishment clause judgment appeals reversed ordered susan tave zelman superintendent public instruction ohio et petitioners doris et al hanna perkins school et petitioners doris et al senel taylor et petitioners doris et al writs certiorari appeals sixth circuit june justice concurring holds ohio pilot project scholarship program ohio rev code ann anderson supp voucher program survives respondents establishment clause challenge join opinion write separately two reasons first although takes important step believe today decision considered light longstanding government programs impact religious organizations prior establishment clause jurisprudence marks dramatic break past second given emphasis places verifying parents voucher students religious schools exercised true private choice think worth elaborating conclusion inquiry consider reasonable educational alternatives religious schools available parents otherwise ignore educational system cleveland actually functions cases different prior indirect aid cases part significant portion funds appropriated voucher program reach religious schools without restrictions use funds share public resources reach religious schools however significant respondents suggest see brief respondents et al data school year indicate percent schools participating voucher program religious percent participating students enrolled religious schools see app nos etc private schools program voucher students attend religious private schools data incomplete statistics take account reasonable educational choices may available students cleveland public schools one considers option attend community schools percentage students enrolled religious schools falls percent magnet schools included mix percentage falls percent see greene racial economic religious context parental choice cleveland table app reporting students community schools students magnet schools even numbers paint complete picture cleveland program provides voucher applicants families tuition assistance provides remaining applicants tuition assistance contrast state provides community schools per pupil magnet schools average per pupil affidavit caroline hoxby app even one assumes voucher students came families voucher student used entire voucher million public funds flowed religious schools voucher program although many students attended community schools religious private schools state fisc state spent million million students community schools students religious private schools aid community schools double aid private schools voucher program moreover amount spent religious private schools minor compared million state spent students cleveland magnet schools although million small sum pales comparison amount funds federal state local governments already provide religious institutions religious organizations may qualify exemptions federal corporate income tax see corporate income tax many see cal rev tax code ann west property taxes see turner property tax exemptions nonprofits probate property clergy qualify federal tax break income used housing expenses addition federal government provides individuals corporations trusts estates tax deduction charitable contributions qualified religious groups see finally federal government certain state governments provide tax credits educational expenses many spent education religious schools see hope tax credit stat supp tax policies well established see mueller allen upholding minnesota tax deduction educational expenses walz tax city new york upholding exemption religious organizations new york property tax yet confer significant relative benefit religious institutions state property tax exemptions religious institutions alone amount large sums annually example available data suggest colorado exemption lowers state tax revenues million annually see rabey exemptions matter faith proof required churches colorado springs gazette telegraph colorado debates church nonprofit status philadelphia enquirer maryland emption lowers revenues million see maryland dept assessment taxation sdat annual report apr http wisconsin exemption lowers revenues approximately million see wisconsin dept revenue division research analysis summary tax exemption devices property tax apr http billion exempt religious property statewide average property tax rate per property louisiana exemption looking city new orleans lowers revenues million see bureau governmental research property tax exemptions assessment administration orleans parish summary recommendations million houses worship religious schools federal government tax deduction charitable contributions reduces federal tax revenues nearly billion annually see dept commerce bureau census statistical abstract hereinafter statistical abstract reported percent household charitable contributions go religious charities even relatively minor exemptions lower federal tax receipts substantial amounts parsonage exemption example lowers revenues around million see diaz ramstad prepares bill retain tax break clergy housing star tribune paul mar tax exemptions much effect cash grants amount tax avoided regan taxation representation see also rosenberger rector visitors univ esp thomas concurring part picture federal dollars also reach religiously affiliated organizations public health programs medicare ed supp medicaid et educational programs pell grant program bill rights child care programs child care development block grant program ccdbg supp medicare medicaid provide federal funds pay healthcare elderly poor respectively see furrow greaney johnson jost schwartz health law ed pell grant program bill subsidize higher education individuals veterans respectively see mulleneaux failure provide adequate higher education tax incentives individuals akron tax ccdbg program finances child care parents see pitegoff child care policy welfare reform act affordable housing community dev programs parts social welfare system see committee public ed religious liberty nyquist quite substantial see statistical abstract table billion spent medicare nearly billion medicaid table billion financial aid provided department education million department defense bush welfare tougher work rules state control congress daily billion ccdbg program significant portion funds appropriated programs reach religiously affiliated institutions typically without restrictions subsequent use example reported religious hospitals account percent hospital beds nationwide rely medicare funds percent revenue mergerwatch new study details public funding religious hospitals http moreover taking account medicare medicaid religious hospitals received nearly billion federal fisc ibid federal aid religious schools also substantial although data available data minnesota example suggest substantial share pell grant federal funds college tuition reach religious schools roughly million federal tuition dollars spent students schools minnesota used private colleges minnesota higher education services office financial aid awarded fiscal year grants loans student earning institution jobs vast majority funds million flowed religiously affiliated institutions ibid background support cleveland voucher program provides religious institutions neither substantial atypical existing government programs observation intended justify cleveland voucher program establishment clause see post souter dissenting places broader perspective alarmist claims implications cleveland program decision cases see post stevens dissenting post souter dissenting post breyer dissenting ii today decision signal major departure prior establishment clause jurisprudence central tool analysis cases area lemon test originally formulated statute passed test secular legislative purpose principal primary effect one neither advance inhibit ed religion foster excessive government entanglement religion lemon kurtzman internal quotation marks omitted agostini felton folded entanglement inquiry primary effect inquiry made sense inquiries rely evidence see degree entanglement implications whether statute advances inhibits religion see lynch donnelly concurring test today basically set forth school dist abington township schempp citing everson board ed ewing mcgowan maryland years ago opinion cases focuses narrow question related lemon test apply primary effects prong indirect aid cases specifically clarifies basic inquiry trying determine whether program distributes aid beneficiaries rather directly service providers primary effect advancing inhibiting religion lemon kurtzman supra put endors ing disapprov ing religion lynch donnelly supra concurring opinion see also wallace jaffree concurring judgment see also ante courts instructed consider two factors first whether program administers aid neutral fashion without differentiation based religious status beneficiaries providers services second importantly whether beneficiaries indirect aid genuine choice among religious nonreligious organizations determining organization direct aid answer either query program struck establishment clause see ante justice souter portrays inquiry departure everson see post dissenting opinion fair reading holding case suggests quite opposite justice black opinion held first amendment requires state neutral relations groups religious believers require state adversary everson supra see also schempp supra else upheld state program provide students transportation public religious schools alike clarifies cases establishment clause also requires state aid flowing religious organizations hands beneficiaries must direction beneficiaries refinement lemon test surely betray everson iii little question mind cleveland voucher program neutral religious schools nonreligious schools see ante justice souter rejects notion neutrality proposing neutrality program gauged opportunities presents rather effects particular neutrality test focus category aid may directed religious well secular schools ask whether scheme favors religious direction post dissenting opinion justice souter doubts cleveland program neutral view surmises cap tuition voucher schools may charge students encourages students attend religious rather nonreligious private voucher schools see post justice souter notion neutrality inconsistent case law put agostini government aid must made available religious secular beneficiaries nondiscriminatory basis agree nonreligious schools failed provide cleveland parents reasonable alternatives religious schools voucher program nonreligious schools qualify genuine options parents need superior religious schools every respect need adequate substitutes religious schools eyes parents district record demonstrates nonreligious schools able compete effectively catholic religious schools cleveland voucher program see ante best evidence many parents vouchers selected nonreligious private schools religious alternatives even larger number parents send children community magnet schools rather seeking vouchers supra record evidence student turned away nonreligious private school voucher program let alone community magnet school see ryan concurring part dissenting part affidavit david brennan app support hunch effect cap tuition voucher program justice souter cites national data suggest average catholic schools cost advantage types schools see post dissenting opinion even national statistics relevant evaluating cleveland program justice souter ignores evidence suggests national level nonreligious private schools may target market different higher quality education example nonreligious private schools smaller see dept national center education statistics private universe school survey table students per private nonreligious catholic elementary school spectively smaller class sizes see ibid students per teacher private nonreligious catholic elementary schools respectively highly educated teachers see dept national center education statistics private schools statistical profile nces july table percent religious private school teachers percent catholic school teachers master degrees principals longer job tenure catholic schools see ibid table average tenure principals private nonreligious catholic schools years respectively additionally justice souter theory cleveland voucher program cap tuition encourages student attend religious schools ignores students receive nearly double amount tuition assistance community schools program voucher program none community schools religious see ante view significant finding cases cleveland parents use vouchers send children religious private schools result true private choice rejects correctly notion high percentage voucher recipients enroll religious private schools necessarily demonstrates parents actually option send children nonreligious schools ante likewise mere fact parents enrolled children religious schools associated different faith see post souter dissenting says little whether parents reasonable nonreligious options indeed voucher student known turned away nonreligious private school participating voucher program infra impressive given evidence record present litigation discouraged entry nonreligious private schools voucher program declaration david zanotti app finally demonstrated cleveland program establish financial incentives undertake religious education find answer question whether parents students eligible vouchers genuine choice religious nonreligious schools persuasive looking voucher program choices available potential beneficiaries government program considered cases parents eligible apply voucher also option minimum send children community schools yet appeals chose look community schools let alone magnet schools evaluating cleveland voucher program see decision incorrect focusing cases program challenged respondents ignores educational system cleveland actually functions record indicates two nonreligious private schools previously served percent students voucher program prompted convert community schools parents concerned litigation surrounding program new community schools program provided financial aid many students enrolled two schools voucher program transferred community schools program continued attend schools see affidavit david brennan app declaration david zanotti incident provides strong evidence parents nonreligious schools view voucher program community schools program reasonable alternatives considering educational options available parents whose children eligible vouchers including community magnet schools finds parents cleveland schools array nonreligious options ante surprisingly respondents present evidence students candidates voucher denied slots community school magnet school indeed record suggests opposite respect community schools see affidavit david brennan app justice souter nonetheless claims community schools operating cleveland school year unavailable students vouchers others reported poor test scores see post dissenting opinion analysis unreasonably limits choices able cleveland parents undisputed cleveland magnet schools reasonable alternatives voucher schools see post souter dissenting http june four community schools justice souter claims unavailable voucher students correct one life skills center cleveland affidavit steven puckett app justice souter rejects three community schools horizon science academy cleveland alternative learning international preparatory school offer primary school classes targeted towards poor students students disciplinary academic problems operation year see post community school need offer primary school classes alternative religious middle schools catering impoverished otherwise challenged students may make school attractive certain parents moreover one community school closed merely looking new tion operational years see affidavit steven puckett app ohio department education office school options community schools ohio community school directory june http two community schools scheduled open school year see affidavit steven puckett app six community schools justice souter admits alternatives voucher program notes four broadway cathedral chapelside lincoln park campuses hope academy reported lower test scores public schools school year district grant summary judgment respondents according report cards prepared ohio department education see post dissenting opinion one old brooklyn montessori school performed better public schools ibid see also ohio department education community school report card old brooklyn montessori school community school scored higher public schools four five subjects report cards underestimate value four hope academy schools entered community school program two participated voucher program although received far less state funding capacity among highest rates parental satisfaction voucher schools religious nonreligious see peterson howell greene evaluation cleveland voucher program two years table june hereinafter peterson particularly impressive given harvard university study found hope academy schools attracted poorest educationally disadvantaged students greene howell peterson lessons cleveland scholarship program moreover justice souter evaluation hope academy schools assumes relevant measure school quality academic performance reasonable suppose however parents inner city also choose schools provide discipline safe environment children dimensions schools justice souter derides performed quite ably see peterson table ultimately justice souter relies narrow data draw rather broad conclusions one year poor test scores four community schools targeted challenged students inner city says little value schools let alone quality community schools magnet schools cleveland justice souter use statistics confirms wisdom refusing consider assessing cleveland program constitutionality see ante appears motivate justice souter analysis desire limiting principle rule certain nonreligious schools alternatives religious schools voucher program see post dissenting opinion goal establishment clause jurisprudence determine whether cleveland voucher program enacted parents free direct state educational aid either nonreligious religious direction see ante inquiry requires evaluation reasonable educational options ohio provides cleveland school system regardless whether formally made available section ohio code voucher program based reasoning opinion consistent realities cleveland educational system persuaded cleveland voucher program affords parents eligible children genuine nonreligious options consistent establishment clause susan tave zelman superintendent public instruction ohio et petitioners doris et al hanna perkins school et petitioners doris et al senel taylor et petitioners doris et al writs certiorari appeals sixth circuit june justice thomas concurring frederick douglass said ducation means emancipation means light liberty means uplifting soul man glorious light truth light men made free today many public schools deny emancipation urban minority students despite observation nearly years ago brown board education doubtful child may reasonably expected succeed life denied opportunity education urban children forced system continually fails cases present example failures besieged escalating financial problems declining academic achievement cleveland city school district midst academic emergency ohio enacted scholarship program dissents respondents wish invoke establishment clause first amendment incorporated fourteenth constrain state neutral efforts provide greater educational opportunity underprivileged minority students today decision properly upholds program constitutional join full often considered whether efforts provide children best educational resources conflict constitutional limitations attempts provide aid religious schools allow degree religious involvement public schools generated significant controversy litigation try navigate line secular religious education see generally illinois ex rel mccollum board ed school dist champaign jackson concurring noting constitution tell judges secular ends sectarian begins education recently decided several cases challenging federal aid programs include religious schools see mitchell helms agostini felton determine whether federal program survives scrutiny establishment clause considered whether secular purpose whether primary effect advancing inhibiting religion see mitchell supra agree ohio program easily passes muster stringent test matter first principles question whether test applied establishment clause first amendment congress shall make law respecting establishment religion face provision places limit regard religion establishment clause originally protected extension citizens imposition established religion federal whether clause constrain state action fourteenth amendment difficult question fourteenth amendment fundamentally restructured relationship individuals ensured deprive citizens liberty without due process law guarantees citizenship individuals born naturalized provides state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws justice harlan noted fourteenth amendment added greatly dignity glory american citizenship security personal liberty plessy ferguson dissenting opinion rights incorporated fourteenth amendment advance constrain individual liberty consequently context establishment clause may well state action evaluated different terms similar action federal government bound observe strict neutrality freer experiment involvement religion neutral basis federal government walz tax city new york harlan concurring thus federal government may make law respecting establishment religion may pass laws include touch religious matters long laws impede free exercise rights individual religious liberty interest considering particular religious liberty right alleged invaded state federal courts strike proper balance demands fourteenth amendment one hand federalism prerogatives whatever textual historical merits incorporating establishment clause accept fourteenth amendment protects religious liberty accept use oppose neutral programs school choice incorporation establishment clause tragic irony converting fourteenth amendment guarantee individual liberty prohibition exercise educational choice ii wisdom allowing greater latitude dealing matters religion education easily appreciated context respondents advocate using fourteenth amendment handcuff state ability experiment education without education one hardly exercise civic political personal freedoms conferred fourteenth amendment faced severe educational crisis state ohio enacted educational reform allows voluntary participation private religious schools educating poor urban children otherwise condemned failing public schools program force individual submit religious indoctrination education simply gives parents greater choice manner educate choice greater means routinely exercised cleveland parents variety educational choices traditional public schools magnet schools privately run community schools addition scholarship program currently private schools participating scholarship program church affiliated catholic percent students program attend religious schools see app thus disallow inclusion religious schools cleveland children use scholarships private schools addition expanding reach scholarship program inclusion religious schools makes sense given ohio purpose increasing educational performance opportunities religious schools like private schools achieve far better educational results public counterparts example students cleveland catholic schools score significantly higher ohio proficiency tests students cleveland public schools cleveland eighth graders taking ohio proficiency test percent catholic schools passed reading test whereas percent public schools passed percent catholic school students passed math proficiency test compared percent public school students see brief petitioners success religious private schools end beside point state constitutional right experiment variety different programs promote educational opportunity ohio program includes successful schools simply indicates reform fact provide improved education underprivileged urban children although one purposes public schools promote democracy egalitarian failing urban public schools disproportionately affect minority children need educational opportunity time reconstruction blacks considered public education matter personal liberation necessary function free society anderson education blacks south today however promise public school education failed poor blacks theory providing education everyone quality public schools varies significantly across districts blacks supported public education reconstruction many blacks minorities support school choice programs provide greatest educational opportunities children struggling opponents program raise formalistic concerns establishment clause ignore core purposes fourteenth amendment romanticized ideal universal public education resonates cognoscenti oppose vouchers poor urban families want best education children certainly need function advanced society thomas sowell noted years ago black people faced many grim concrete problems romantics want need certain tangible results achieved developing certain specific abilities black education myths tragedies true today individual life prospects increase dramatically successfully completed phase education instance black high school dropout earns high school degree average income almost blacks bachelor degree average annual income professional degree see dept commerce bureau census statistical abstract table staying school earning degree generates real tangible financial benefits whereas failure obtain even high school degree essentially relegates students life poverty often failure provide education poor urban children perpetuates vicious cycle poverty dependence criminality alienation continues remainder lives society end racial discrimination least arm minorities education defend discrimination effects ten enacted form publicly funded private school choice one means raising quality education provided underprivileged urban programs address root problem failing urban public schools disproportionately affect minority students society solution educational failures often provide racial preferences higher education preferences however run afoul fourteenth amendment prohibition distinctions based race see plessy harlan dissenting contrast school choice programs involve religious schools appear unconstitutional twist fourteenth amendment expansively incorporating establishment clause converting fourteenth amendment guarantee opportunity obstacle education reform distorts constitutional values disserves greatest need frederick douglass poignantly noted greater benefit bestowed upon long benighted people giving earnestly day endeavoring means education susan tave zelman superintendent public instruction ohio et petitioners doris et al hanna perkins school et petitioners doris et al senel taylor et petitioners doris et al writs certiorari appeals sixth circuit june justice stevens dissenting law authorizes use public funds pay indoctrination thousands grammar school children particular religious faiths law respecting establishment religion within meaning first amendment answering question think ignore three factual matters discussed length colleagues first severe educational crisis confronted cleveland city school district ohio enacted voucher program matter affect appraisal constitutionality school year program provided relief less five percent students enrolled district schools solution disastrous conditions prevented percent student body meeting basic proficiency standards obviously required massive improvements unrelated voucher course emergency may given families powerful motivation leave public school system accept religious indoctrination otherwise avoided valid reason upholding program second wide range choices made available students within public school system bearing question whether state may pay tuition students wish reject public education entirely attend private schools provide sectarian education fact vast majority voucher recipients entirely rejected public education receive religious indoctrination state expense however support claim law one respecting establishment religion state may choose divide public schools dozen different options label magnet schools community schools whatever else decides call state still required provide public education state decision fund private school education traditional obligation issue third voluntary character private choice prefer parochial education education public school system seems quite irrelevant question whether government choice pay religious indoctrination constitutionally permissible today however seems decided mere fact family afford private education wants children educated parochial school sufficient justification use public funds reasons stated justice souter justice breyer convinced decision profoundly misguided admittedly reaching conclusion influenced understanding impact religious strife decisions forbears migrate continent decisions neighbors balkans northern ireland middle east mistrust one another whenever remove brick wall designed separate religion government increase risk religious strife weaken foundation democracy respectfully dissent susan tave zelman superintendent public instruction ohio et petitioners doris et al hanna perkins school et petitioners doris et al senel taylor et petitioners doris et al writs certiorari appeals sixth circuit june justice souter justice stevens justice ginsburg justice breyer join dissenting majority holds establishment clause bar ohio payment tuition private religious elementary middle schools scheme systematically provides tax money support schools religious missions occasion legislation thus upheld condition public education city cleveland record indicates schools failing serve objective vouchers issue said needed provide adequate alternatives excuse giving short shrift establishment clause probably apply excuse constitutional limitations placed government preserve constitutional values hard cases like onstitutional lines drawn one side every one otherwise sympathetic case provokes impatience constitution line constitutional lines price constitutional government agostini felton souter dissenting therefore respectfully dissent applicability establishment public funding benefits religious schools settled everson board ed ewing inaugurated modern era establishment doctrine stated principle words dissent tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion never many words repudiated statement let alone many words overruled everson today however majority holds establishment clause offended ohio pilot project scholarship program students may eligible receive much form tuition vouchers transferable religious schools city cleveland overwhelming proportion large appropriations voucher money must spent religious schools spent spent amounts cover almost tuition money thus pay eligible students instruction secular subjects religion well schools fairly ized founded teach religious doctrine imbue teaching subjects religious public tax money pay systemic level teaching covenant israel mosaic law jewish schools primacy apostle peter papacy catholic schools truth reformed christianity protestant schools revelation prophet muslim schools speak major religious groupings republic consistently leave everson books approve ohio vouchers answer ignoring everson majority claim rest traditional law invocation neutral aid provisions private choice sanction ohio law moreover ignoring meaning neutrality private choice majority even pretend rest today decision criteria majority statements establishment clause doctrine appreciated without historical perspective announced limitations government aid religious education repeated repudiation limits previously set object give nuanced exposition cases tried classify detail earlier opinion see mitchell helms dissenting opinion set broad doctrinal stages covered modern era show doctrinal bankruptcy reached today viewed necessary generality cases categorized three groups period basic principle aid religion school benefits unquestioned thereafter years termed efforts attempts draw line aid divertible support religious distinct secular activity institutional beneficiary starting concern divertibility gradually lost favor approving aid amounts unlikely afford substantial benefits religious schools offered evenhandedly without regard recipient religious character channeled religious institution genuinely free choice private individual three stages succeeded fourth substantial character government aid held constitutional significance espoused criteria neutrality offering aid private choice directing shown nothing examples verbal formalism everson board ed ewing inaugurated modern development establishment clause doctrine behest taxpayer challenging state provision funds pay bus fares parochial school pupils regular city buses part general scheme reimburse costs children attending public private nonprofit schools although split justice disagreed basic doctrinal principle already quoted tax amount levied support religious activities institutions whatever form may adopt teach religion member deny tension new jersey program aims establishment clause majority upheld state law strength rights students free exercise clause thought entitle free public transportation offered general government servic schoolchildren despite indirect benefit religious education transportation simply treated like ordinary police fire protection connections sewage disposal public highways sidewalks significantly policemen detailed protect children going church schools real hazards traffic dissenters however found benefit religion pronounced survive general principle establishment aid described running counter every objective served establishment ban new jersey use funds forced taxpayer contribut propagation opinions disbelieves far religions differ internal quotation marks omitted exposed religious liberty threat dependence state money already sparked political conflicts opponents public funding difficulty drawing line preserved basic principle aid less obvious years later board ed central school dist allen upheld new york law authorizing local school boards lend textbooks secular subjects children attending religious schools result everson general government services rationale relied instead theory aid used secular educational purposes found relevant funds books furnished directly parochial schools financial benefit parents children schools justice black wrote everson led dissenters textbooks even secular realistically way inevitably tend propagate religious views favored sect wrote justice douglas raised objections underlying establishment ban religious schools request books keeping faiths public boards final approval power board education supinely submits approving supplying sectarian textbooks struggle keep church state separate lost board resists battle line church state drawn douglas dissenting scheme sure fuel strife among religions well rest assured contest provide books religious schools dominant religious group concludes best reflect theocentric philosophy particular church transcending even sharp disagreement however consistency way justices went deciding case neither side rested facile application test simplistic reliance generality evenhandedness state law disagreement concentrated true intent inferrable behind law feasibility distinguishing fact religious secular teaching church schools reality sham lending books pupils instead supplying books schools stress practical significance actual benefits received schools mitchell souter dissenting allen recognized reality religious schools pursue two goals religious instruction secular education striking program supplementing salaries teachers secular subjects private schools avoid entanglement focus cases principle divertibility discerning ostensibly secular government aid religious schools susceptible religious uses greater risk diversion religion monitoring necessary avoid less legitimate aid scheme principle one hand tried practical aid recipients pervasively sectarian secular religious functions inextricably intertwined generally upheld aid earmarked secular use see roemer board public works hunt mcnair tilton richardson otherwise principle nondivertibility enforced strictly violation presumed cases even state aid seemed secular face compare levitt committee public ed religious liberty striking state program reimbursing private schools administrative costs tests compulsory secular subjects wolman walter upholding similar program using standardized tests meek pittenger public funding staff materials auxiliary services like guidance counseling speech hearing services wolman supra permitting state aid diagnostic speech hearing psychological testing fact suspicion divertibility reflected concern substance principle apparent rejection stratagems invented dodge committee public ed religious liberty nyquist example struck new york program tuition grants poor parents tax deductions affluent ones sent children private schools nyquist dismissed warranties statistical guarantee scheme provided total cost education religious school presumably matched secular child education school rejected idea path state aid religious schools might dispositive far providing per se immunity examination substance state program fact aid disbursed parents rather schools one among many factors considered point effect aid unmistakably provide desired financial support nonpublic sectarian institutions nyquist thus held aid parents tax deductions different forbidden direct aid religious schools religious uses focus remained public money bought reached end point disbursement like criteria requiring judicial assessment risk divertibility invitation argument object arguments provoked always realistic assessment facts aimed respecting principle aid mueller allen however object began fade mueller started road realism formalism aid mueller substance indistinguishable nyquist see approving one student use vocational training subsidy blind religious college characterizing aid individuals religious schools derive large benefit full benefits program limited large part whole students sectarian institutions school dist grand rapids ball overruled part agostini felton clarified notions evenhandedness neutrality private choice mueller apply cases involving direct aid religious schools still subject divertibility test agostini substance aid identical ball public employees teaching remedial secular classes private schools rejected presumption divertibility instead found sufficient aid supplement ed supplant existing educational services contrary ball viewed aid aid directly eligible students matter choose attend school years ball agostini decided witters two cases emphasizing form neutrality private choice substance aid religious uses always circumstances aid religion isolated insubstantial zobrest catalina foothills school like witters involved one student choice spend funds general public program religious school pay interpreter witters reasoned isabled children sectarian schools primary beneficiaries extent sectarian schools benefit incidental beneficiaries like zobrest witters involved individual insubstantial use neutrally available public funds religious purpose print evangelical magazine sure aid agostini systemic arguably substantial said majority chose view bare supplement aid going merely portion religious schools budgets concurring judgment plurality case feel uncomfortable jettisoning substance entirely favor form finding sufficient aid neutral virtual private choice since aid first passes hands literally figuratively numerous private citizens free direct aid elsewhere plurality view hence seems fair say today substantiality aid clearly rejected irrelevant majority today majority plurality held purely formal criteria suffice scrutinizing aid ends coffers religious schools today cases notable stark illustration inadequacy majority chosen formal analysis ii although taken half century since everson reach majority twin standards neutrality free choice facts show majority hands even criteria convincingly legitimize ohio scheme consider first criterion neutrality recently two terms ago majority recognized neutrality conceived evenhandedness toward aid recipients never treated alone sufficient satisfy establishment clause mitchell concurring judgment souter dissenting least limited significance formal neutrality seemed serve purpose today however majority employs neutrality criterion way renders impossible understand neutrality sense refers course evenhandedness setting eligibility potential religious secular recipients public money plurality opinion souter dissenting three senses neutrality thus example aid scheme witters provided eligible recipient scholarship used institution within practically unlimited universe schools tend provide less aid depending one scholarship recipient chose indication maximum scholarship amount insufficient secular schools neither condition zobrest interpreter subsidy favor religious education see order apply neutrality test makes sense focus category aid may directed religious well secular schools ask whether scheme favors religious direction one ask whether voucher provisions allowing much toward private school tuition grant public school adjacent district written way skewed scheme toward benefiting religious schools however majority asks majority looks provisions tuition vouchers ohio rev code ann west supp every provision educational opportunity program permits participation schools within district well public schools adjacent districts religious nonreligious ante emphasis original majority finds confirmation participation schools satisfies neutrality noting better part total state educational expenditure goes public schools ante thus showing favor religion illogic patent regular public schools get voucher payments participate voucher scheme schools public expenditure still predominantly public schools majority reasoning find neutrality scheme vouchers available private tuition districts secular private schools neutrality majority employs term literally verbal nothing indeed way majority gloss nonneutral feature total scheme covering schools public tutors may receive state per child support extra tutoring state total amount app whereas tuition voucher schools turn mostly religious receive majority simply accept fact challenge generous voucher scheme judge neutrality relation religious use voucher money seems odd seems odd one recognizes comparable schools applying criterion neutrality also comparable schools applying majority criterion whether immediate recipients voucher aid genuinely free choice religious secular schools receive voucher money applying second criterion consideration schools ostensibly helpful majority position majority addresses issue choice way addresses neutrality asking whether recipients potential recipients voucher aid choice public schools among secular alternatives religious schools however majority asks wrong question misapplies criterion majority confused choice spending scholarships choice entire menu possible educational placements open anyone willing attend public school say confused majority new use choice criterion frames negatively whether ohio coercing parents sending children religious schools ante ignores reason private choice enquiry first place cases since mueller found private choice relevant rule aid religious schools permissible long first passes hands students majority view educational choices comparable purposes choice thus ignores whole point choice test criterion deciding whether indirect aid religious school legitimate passes private hands spend use aid secular school question whether private hand genuinely free send money either secular direction religious one majority transformed question private choice channeling aid question selecting examples state spending education including direct spending magnet community public schools goes private hands never reach religious school circumstance choice test transformed spend money go school cut loose purpose defining choice choice spending money channeling aid moreover necessary choice criterion function limiting principle choice present whenever educational alternative religious school vouchers endorsed always choice voucher always constitutional even system single private secular school alternative religious school see supra noting result majority formulation neutrality criterion unlikely participating private religious school enroll pupils generally available public system easy generate numbers suggesting aid religion significant intent effect voucher scheme fact kind rhetorical argument majority accepts cases addition secular private schools students majority considers public schools tuition assistance roughly students magnet schools students community schools students concludes fewer pupils receive state vouchers attend religious schools ante fact numbers seem even favorable majority argument enrollment traditional public schools without tutoring considered alternative majority thinks relevant private choice enquiry ante justice focuses much money spent educational option notes million spent vouchers students attending religious schools ante concurring opinion state expenditure one includes separate funding cleveland community million magnet million public schools variations show results may shift judge pick choose alternatives use comparisons also show dependably comfortable results choice criterion yield identification relevant choices wide open choice relevant alternatives open one proponents voucher aid always win always able find choice somewhere show bulk public spending secular choice enquiry diluted point screen nothing result always determined selecting alternatives treated choices confining relevant choices spending choices hand vulnerable comparable criticism although leaving selection alternatives choice wide open majority virtually guarantees availability choice satisfy criterion limiting choices spending choices guarantee negative result every case may cases voucher recipient real choice enough secular private school desks relation number religious ones voucher amount high enough meet secular private school tuition levels see infra even extent tend limit number religious funding options pass muster choice criterion understood way order said function limiting otherwise surely point requiring choice true real genuine course think even genuine choice criterion task establishment clause substantial state funds go religious teaching discussion part iii infra shows point simply majority wishes claim choice criterion must define choice way function criterion practical capacity screen something contrary majority ask right question genuine choice use vouchers answer shows something influencing choices way aims money religious direction private schools district participating voucher program accepted voucher students religious voucher recipients go religious schools nonreligious ones see app unfortunately majority position explanation suggests religious direction results simply free choices parents one answer statistics example consistent genuine choice claimed operating might families choosing avail vouchers choose educate children schools religion view render scheme constitutional speak majority choice criterion evidence shows however almost two three families using vouchers send children religious schools embrace religion schools app pet cert families made clear chosen schools wished children proselytized religion religion educational even fact students chose apply vouchers schools religions app might consistent true choice students chose religious schools wide array private nonreligious options shown generally ohio program effect educational choices thus impermissible effect advancing religious education possibilities contrary fact first even existing nonreligious private schools cleveland willing accept large numbers voucher students currently enrolled schools able attend total enrollment nonreligious private schools cleveland kindergarten eighth grade children see brief california alliance public schools amicus curiae indication schools many open second cap program places tuition participating pupils effect curtailing participation nonreligious schools nonreligious schools higher tuition stated afford accommodate voucher students comparison average tuition participating catholic schools cleveland almost course obvious fix increase value vouchers existing nonreligious private religious schools able enroll voucher students provide incentives educators create new schools given presently exist private choice robust available seminarian witters true private choice majority criterion simply unrealistic presume parents elementary middle schoolchildren cleveland range secular religious choices even arguably comparable statewide program vocational higher education witters get hypothetical point require massive financial support made available religion disserve every objective establishment clause even present scheme see part case way interpret current voucher money going religious schools reflecting free genuine choice families apply vouchers reflects instead fact nonreligious school desks available religious schools afford accept handful voucher students contrary majority assertion ante public schools adjacent districts hardly financial incentive participate ohio voucher program none overwhelming number children voucher scheme alternative public schools religious entirely irrelevant state deliberately design network private schools sake channeling money religious institutions criterion one genuinely free choice part private individuals choose hobson choice choice whatever reason hobsonian iii dissent merely majority misapplied law even assumed arguendo majority formal criteria satisfied facts today conclusion profoundly odds constitution proof clear two levels first circumstantial discarded symptom violation substantial dimension aid second direct defiance every objective supposed served bar establishment scale aid religious schools approved today unprecedented number dollars proportion systemic school expenditure supported measure received attention previous cases one hand sheer quantity aid delivered class religious primary secondary schools suspect theory greater aid greater proportion religious school existing expenditures greater likelihood public money supporting religious well secular instruction said meek simply ignore reality attempt separate secular educational functions predominantly religious role object aid comes substantial amounts cf nyquist rejecting argument tuition assistance covered education costs presumably secular religious schools conversely attenuated financial benefit eventually flows parochial schools willing find form state aid permissible mueller hand found gross amount unhelpful establishment clause analysis aid afforded benefit solely one individual however substantial incidental benefit religious school individual chose spend state money see witters cf zobrest neither design implementation aid scheme channels series individual students subsidies toward religious recipients relevant beneficiaries establishment purposes establishment clause unlikely plicated majority reliance observations five members witters irrelevance substantiality aid case see ante therefore beside point matter us involves considerable sums public funds systematically distributed thousands students attending religious elementary middle schools city cleveland voucher program cost ohio taxpayers million since implementation million voucher payments million administrative costs cost expected exceed million school year people american way foundation five years counting closer look cleveland voucher program hereinafter cleveland voucher program cited brief national school boards association et al amici curiae funds top textbooks reading math tutors laboratory equipment like ohio provides private schools worth roughly per child cleveland voucher program gross amounts public money contributed symptomatic scope taxpayers money buys broad class students paying practically full amount tuition thousands qualifying compare nyquist supra state aid amounting tuition unconstitutional scholarships purchase everything tuition purchases instruction math indoctrination faith consequences substantial aid hypothesized meek realized majority makes pretense substantial amounts tax money systematically underwriting religious practice indoctrination virtually superfluous point every objective underlying prohibition religious establishment betrayed scheme something said enormity violation anticipated objectives earlier supra discussing everson cataloged first respect freedom conscience jefferson described idea one shall compelled support religious worship place ministry whatsoever bill establishing religious freedom founders constitution kurland lerner eds even teacher religious persuasion madison thought violated authority force citizen contribute three pence property support establishment memorial remonstrance reprinted everson tax establish religion antithetical command minds men always wholly free mitchell souter dissenting internal quotation marks citations omitted madison objection three pence simply lost majority formalism second objective save religion corruption madison wrote experience ecclesiastical establishments instead maintaining purity efficacy religion contrary operation memorial remonstrance reprinted everson blackmun concurring risk already realized ohio example condition receiving government money program participating religious schools may discriminate basis religion ohio rev code ann west supp means school may give admission preferences children members patron faith children parish generally consigned admission lotteries indeed exact object amendment repealing portion predecessor statute allowed admission preference hildren whose parents affiliated organization provides financial support school discretion school west state religious antidiscrimination restriction limited student admission policies terms participating religious school may well forbidden choose member clergy serve teacher principal layperson different religion claiming equal qualification cf national catholic educational association balance sheet catholic elementary schools income expenses reporting catholic elementary middle schools least one teacher religious sister indeed separate condition school teach hatred person group basis religion west supp understood subsequently broadened prohibit religions teaching traditionally legitimate articles faith error sinfulness ignorance want government money schools perspective religious regulation well remember money barely begun flow prior examples aid whether grants individuals assistance never significant enough alter basic fiscal structure religious schools state aid welcome indispensable see mitchell federally funded services supplement case supplant level already provided given figures already involved question religious schools ohio way becoming bigger businesses budgets enhanced fit new stream income see people american way foundation painful price schools participating milwaukee program received voucher payments excess tuition religious averaged worth overpayment per school justified part raise low salaries administrators schools also doubt following politics move ohio state senate raise current maximum value school voucher base amount current state spending public school student fiscal year see bloedel bill analysis ohio gen assembly regular session ohio legislative service commission ohio fact merely replicating experience wisconsin similar increase value educational vouchers milwaukee induced creation new private schools public policy forum research brief vol may safely surmise religious new schools presumably pegged financial prospects government start odds increases government aid bring threshold voucher amount closer tuition even expensive religious schools government aid goes reliance thing likely go independence justice douglas allen concerned state agencies influenced powerful religious groups choosing textbooks parochial schools use dissenting opinion much reason wonder dependence become great enough give state ohio effective veto basic decisions content curriculums day come religious schools learn political leverage ohio politicians getting lesson leverage exercised religion increased voucher spending however sole portent growing regulation religious practice school state mandates moderate religious teaching may well obvious response third concern behind ban establishment inextricable link social conflict see mitchell supra souter dissenting everson appropriations religious subsidy rise competition money tap sectarian religion capacity discord public money devoted payment religious costs educational brings quest brings struggle sect sect larger share one numbers alone benefit another rutledge dissenting justice breyer addressed issue dissenting opinion join enough say intensity expectable friction gauged realizing scramble money energize contending sectarians taxpayers take liberty conscience seriously religious teaching taxpayer expense simply cordoned taxpayer politics every major religion currently espouses social positions provoke intense opposition taxpaying protestant citizens example content underwrite teaching roman catholic church condemning death america muslims acquiesce paying endorsement religious zionism taught many religious jewish schools combines nationalistic sentiment support israel deeply religious every secular taxpayer content support muslim views differential treatment matter fund espousal wife obligation obedience husband presumably taught schools adopting articles faith southern baptist views like innumerable others safe sectarian pulpits classrooms nation free exercise clause protects directly ban supporting religious establishment protected free exercise keeping relatively private arrival vouchers religious schools privacy go along go confidence religious disagreement stay moderate divisiveness permitted today majority avoided short term avoided action political branches state national levels legislatures driven desperation problems public education may able see threat vouchers negotiable sectarian schools perhaps even cities problems like cleveland perceive danger know federal save course judge however simply hope political branches save us consequences majority decision everson statement still touchstone sound law even though reality matter educational aid establishment clause largely read away true majority approved vouchers religious schools alone aid earmarked religious instruction scheme clumsy ever get us cases may see like establishment clause largely silenced option leave silent hope future reconsider today dramatic departure basic establishment clause principle susan tave zelman superintendent public instruction ohio et petitioners doris et al hanna perkins school et petitioners doris et al senel taylor et petitioners doris et al writs certiorari appeals sixth circuit june justice breyer justice stevens justice souter join dissenting join justice souter opinion agree substantially justice stevens write separately however emphasize risk publicly financed voucher programs pose terms religiously based social conflict believe establishment clause concern protecting nation social fabric religious conflict poses overriding obstacle implementation school voucher program explaining nature concern hope demonstrate view parental choice significantly alleviate constitutional problem see part iv infra first amendment begins prohibition congress shall make law respecting establishment religion guarantee government shall prohibit free exercise thereof clauses embody understanding reached century decades religious war liberty social stability demand religious tolerance respects religious views citizens permits citizens worship god way allows families teach children form characters wish radcliffe law compass clauses reflect framers vision american nation free religious strife long plagued nations europe see freund public aid parochial schools harv rev religious strife one principal evils first amendment sought forestall kosmin lachman one nation god religion contemporary american society first amendment designed part prevent religious wars europe entering whatever framers might thought particular century school funding practices undeniably intended interpretation religion clauses implement basic first amendment objective part reason century establishment clause cases limiting practice religion public schools limiting public funding private religious education focused directly upon social conflict potentially created government becomes involved religious education engel vitale held establishment clause forbids prayer public elementary secondary schools part recognized anguish hardship bitter strife come zealous religious groups struggl one another obtain government stamp approval added history governmentally established religion england country showed whenever government allied one particular form religion inevitable result incurred hatred disrespect even contempt held contrary beliefs see also lee weisman striking prayer high school graduation ceremony potential divisiveness particular relevance school environment school dist abington township schempp goldberg concurring program violated establishment clause part gave rise divisive influences inhibitions freedom come government efforts impose religious influence young impressionable school children lemon kurtzman held establishment clause forbids state funding salary supplements religious school teachers part threat funding create religious divisiveness harm normal political process explained olitical debate division normal healthy manifestations democratic system government political division along religious lines one principal evils first amendment religious clauses intended protect ibid committee public ed religious liberty nyquist struck state statute much like voucher programs provided aid parents whose children attended religious schools explaining assistance sort involved carries grave potential continuing political strife aid religion decided century establishment clause cases deny earlier american society might found less separation compatible social tranquility indeed historians point early years republic american schools including first public schools protestant character students recited protestant prayers read king james version bible learned protestant religious ideals see tyack onward christian soldiers religion american common school history education nash ed practices may wrongly discriminated members minority religions given small number individuals teaching protestant religions schools threaten serious social conflict see kosmin lachman supra catholics constituted less american population time founding century fully aware however immigration growth changed american society dramatically since early years million catholics lived america number rose million jeffries ryan political history establishment clause rev similar percentage increases jewish population kosmin lachman supra surprisingly increase numbers members religions particularly catholics began resist protestant domination public schools scholars report century religious conflict matters bible reading grew intense catholics resisted protestants fought back preserve domination jeffries ryan supra dreading catholic domination native protestants terrorized catholics hamburger separation church state catholic students suffered beatings expulsions refusing read protestant bible crowds rioted whether catholic children released classroom bible reading jeffries ryan century also aware political efforts right wrong discrimination religious minorities primary education failed fact exacerbated religious conflict catholics sought equal government support education children form aid private catholic schools protestant position matter scholars report public schools must nonsectarian usually understood allow bible reading protestant observances public money must support sectarian schools practical terms meant catholic sentiment played significant role creating movement sought amend several state constitutions often successfully amend constitution unsuccessfully make certain government help pay sectarian catholic schooling children see also hamburger supra historical circumstances suggest applying establishment clause fourteenth amendment century american society faced interpretive dilemma part practical appreciated religious diversity contemporary american society see schempp brennan concurring realized status quo favored religions expense others understood establishment clause prohibit among things favoritism yet clause achieve objective simply require government give religion equal chance introduce religion primary schools kind equal opportunity approach interpretation establishment clause clause avoid government favoritism religions insisting upon separation government achieve equal treatment removing business providing religious education children interpretive choice arose respect religious activities public schools government aid private education areas concluded establishment clause required separation part equal opportunity approach workable respect religious activities public schools clause require public primary secondary school teachers reading prayers bible treat religions alike many places many religions diverse set religious practices many whose spiritual beliefs denied virtue formal religious training diversity made difficult impossible devise meaningful forms equal treatment providing equal opportunity introduce religious practices public schools respect government aid private education history show efforts obtain equivalent funding private education children whose parents hold popular religious beliefs exacerbated religious strife justice rutledge recognized public money devoted payment religious costs educational brings quest brings struggle sect sect larger share one religious sect numbers adherents alone benefit another precisely history societies established religion dissident groups everson board ed ewing dissenting opinion upshot development constitutional doctrine reads establishment clause avoiding religious strife providing every religion equal opportunity say secure state funding pray public schools drawing fairly clear lines separation church state least heartland religious belief primary religious education issue ii principle underlying cases avoiding religiously based social conflict remains great concern religiously diverse america become decided major century establishment clause cases exponentially diverse today america boasts different religious groups subgroups significant number members graduate center city new york kosmin mayer keysar american religious identification survey major religions include among others protestants catholics jews muslims buddhists hindus sikhs ibid several major religions contain different subsidiary sects different religious beliefs see lester oh gods atlantic monthly newer christian immigrant groups expressing christianity languages customs independent churches barely recognizable often controversial catholics protestants ebaugh chafetz religion new immigrants continuities adaptations immigrant congregations abridged student ed circumstances equal opportunity principle work without risking struggle sect sect justice rutledge warned school voucher programs finance religious education young widely adopted may well provide billions dollars different religions become concerned seek influence criteria used channel money religious schools want examine implementation programs provide money determine example whether implementation biased program toward particular sects whether recipient religious schools adequately fulfilling program criteria state resolve resulting controversies without provoking legitimate fears kinds religious favoritism religiously diverse nation threaten social dissension consider voucher program issue program insists religious school accept students religions criterion treat fairly groups whose religion forbids program also insists participating school advocate foster unlawful behavior teach hatred person group basis race ethnicity national origin religion ohio rev code ann west supp requires state revoke registration school hearing superintendent determines school violation program rules one amicus argues difficult imagine divisive activity appointment state officials referees determine whether particular religious doctrine teaches hatred advocates lawlessness brief national committee public education religious liberty amicus curiae state officials adjudicate claims one religion another advocating example civil disobedience response unjust laws use illegal drugs religious ceremony resort force call attention views immoral social practice kind public hearing response claims one religion another continuing teach view history casts members religions worst possible light public react government funding schools take controversial religious positions topics current popular interest say conflict middle east war terrorism yet major funding program primary religious education require criteria selection criteria well application inevitably pose problems divisive efforts respond problems seriously entangle church state see lemon also promote division among religious groups one group another fears often legitimately receive unfair treatment hands government recognize nations example great britain france past reconciled religious school funding religious freedom without creating serious strife yet british french societies religiously homogeneous bears noting recent waves immigration begun create problems social division well see muslims france foreign affairs describing increased religious strife france exemplified expulsion teenage girls school wearing traditional muslim scarves ahmed extreme prejudice muslims britain times london may describing religious strife connection increased muslim immigration great britain society religiously diverse recognized must rely religion clauses first amendment protect religious strife particularly issue area central religious belief shaping primary education next generation minds spirits see webster education youth america essays education early republic rudolph ed ducation youth consequence making laws preaching gospel lays foundation law gospel rest success pope paul vi declaration christian education catholic school aid fulfillment mission people god fostering dialogue church mankind benefit retains even present circumstances utmost importance iii concede establishment clause currently permits channel various forms assistance religious schools example transportation costs students computers secular texts see everson board ed ewing mitchell helms certify nonsectarian educational content religious school education see new life baptist church academy east longmeadow yet consequence great turmoil see may charter school religious tone operation south bay academy raises questions san francisco chronicle describing increased government supervision charter schools complaints students studying islam class praying teachers muslim educators complaining school voucher programs differ however kind degree aid programs upheld past differ kind direct financing core function church teaching religious truths young children reason constitutional demand separation particular constitutional concern see weisman particularly vigilant monitoring compliance establishment clause elementary secondary schools private schools participate ohio program example recognize importance primary religious education pronounce goals communicate gospel provide opportunities experience faith community provide growth prayer provide instruction religious truths values app history suggests private school teaching religion undesirable government funding kind religious endeavor far contentious providing funding secular textbooks computers vocational training even funding adults wish obtain college education religious university see supra contrary justice opinion ante concurring opinion history also shows government involvement religious primary education far divisive state property tax exemptions religious institutions tax deductions charitable contributions come far closer exemplifying neutrality distinguishes example fire protection one hand direct monetary assistance federal aid religiously based hospitals ante concurring even removed education lies heartland religious belief vouchers also differ degree aid programs recently upheld involved limited amounts aid religion majority analysis appears permit considerable shift taxpayer dollars public secular schools private religious schools fact combined use dollars put exacerbates conflict problem state aid takes form peripheral secular items prohibitions diversion funds religious teaching holds significantly less potential social division respect well secular aid upheld mitchell differs dramatically present case although conceivable minor amounts money contrary statute found way religious activities recipients see concurring judgment case worst camel nose litigation us camel iv believe parental choice aspect voucher program sufficiently offsets concerns mentioned parental choice help taxpayer want finance religious education children always help parent may see little real choice inadequate nonsectarian public education adequate education school whose religious teachings contrary satisfy religious minorities unable participate number support creation private schools satisfy groups whose religious beliefs preclude participating program may well feel ignored government funds primarily support education children doctrines dominant religions little ameliorate entanglement problems related problems social division part ii supra describes consequently fact parent may choose school cash government voucher check alleviate establishment clause concerns associated voucher programs effect turns clock back adopts name neutrality interpretation establishment clause rejected half century ago view parental choice offers religious group kind equal opportunity secure government funding overcomes establishment clause concern social concord earlier found equal opportunity principle insufficient read clause insisting upon greater separation church state least respect primary education see nyquist society composed many different religious creeds fear present departure earlier understanding risks creating form religiously based conflict potentially harmful nation social fabric believe establishment clause written part avoid kind conflict reasons set forth justice souter justice stevens respectfully dissent footnotes together hanna perkins school et al et taylor et al et also certiorari footnotes although parties dispute precise amount state funding received suburban school districts adjacent cleveland city school district dispute suburban district agreeing participate program receive tuition grant plus ordinary allotment state funding program student enrolled suburban public school see brief respondents et al suburban schools receive average approximately per program student brief petitioners suburban schools receive per program student number available scholarships per covered district determined annually ohio superintendent public instruction justice souter suggests program neutral program students spend scholarship vouchers traditional public schools post dissenting opinion objection mistaken public schools cleveland already receive public funding per pupil attributable state app program students receive tutoring aid remain enrolled traditional public schools therefore direct almost twice much state funding chosen school program students receive scholarship attend private school ibid justice souter seriously claim program differentiates based religious status beneficiaries providers services touchstone neutrality establishment clause mitchell helms plurality opinion concurring judgment justice souter appears base claim unfounded assumption capping amount tuition charged students favors participation religious schools post dissenting opinion elsewhere claims program spends much money private schools chides state legislature even proposing raise scholarship amount recipients post assumption also finds support record shows nonreligious private schools operating cleveland also seek receive substantial contributions app app pet cert indeed actual operation program refutes justice souter argument religious schools afford participate ten secular private schools operated within cleveland city school district program adopted reply brief petitioners citing ohio educational directory school year alphabetic list nonpublic schools ohio dept education chose participate program continued participate day app religious schools created response program several nonreligious schools created spite fact principal barrier entry new private schools uncertainty caused protracted litigation plagued program since inception post concurring citing app see also scintilla evidence case school public private discouraged participating school voucher program afford ryan concurring part dissenting part similarly mistaken justice souter reliance low enrollment scholarship students nonreligious schools school year post citing brief california alliance public schools amicus curiae figures ignore fact number program students enrolled nonreligious schools widely varied year year infra infra underscoring constitutionality neutral choice program turn annual tallies private decisions made given year thousands individual aid recipients infra citing mueller allen fluctuations seen cleveland program hardly atypical experience milwaukee since operated educational choice program similar ohio program demonstrates mix participating schools fluctuates significantly year year based number factors one uncertainty caused persistent litigation see app brief state wisconsin amicus curiae hereinafter brief wisconsin citing wisconsin dept public instruction milwaukee parental choice program facts figures since wisconsin declared milwaukee program constitutional jackson benson several nonreligious private schools entered milwaukee market represent participating schools brief wisconsin similarly number program students attending nonreligious private schools increased students represent program students currently nonreligious private schools participating milwaukee program nearly increase nonreligious schools participated program began see app brief wisconsin total number students enrolled nonreligious schools grown program began recent school year see app brief wisconsin numbers demonstrate wisdom refusal mueller allen make constitutionality program depend annual reports reciting extent various classes private citizens claimed benefits law justice souter justice stevens claim community schools magnet schools separate distinct program schools simply program include community magnet school options post souter dissenting post stevens dissenting none dissenting opinions explain perceptible difference scholarship schools community schools magnet schools perspective cleveland parents looking choose best educational option children parents choose program school fact receive state precisely parents choose community magnet school receive opportunity send children largely state expense schools prefer local public school see app app nos etc pp cleveland parents enroll children schools local public schools typically explore options choosing alternative school justice breyer raise invisible specters divisiveness religious strife find program unconstitutional post dissenting opinion unclear exactly sort principle justice breyer mind considering program ignited divisiveness strife litigation clear justice breyer locate presumed authority deprive cleveland residents program chosen subjectively find divisive quite rightly rejected claim speculative potential divisiveness bears constitutionality educational aid programs mitchell helms dissenting footnotes blessings liberty education address delivered manassas virginia september frederick douglass papers blassingame mckivigan eds hereinafter douglass papers see school dist abington township schempp stewart dissenting establishment clause primarily attempt insure congress powerless establish national church also unable interfere existing state establishments see also wallace jaffree rehnquist dissenting several justices suggested rights incorporated fourteenth amendment apply different manner federal government instance justice jackson stated inappropriateness single standard restricting state nation indicated disparity functions duties relation freedoms beauharnais illinois dissenting opinion justice harlan noted constitution differentiates areas human conduct subject regulation subject powers federal government substantive powers two governments many instances distinct every case called upon balance interest free expression interests seems important keep forefront question whether interests state federal roth dissenting opinion see also gitlow new york holmes dissenting particular rights inhere free exercise clause unlike establishment clause protects individual liberties religious worship central value embodied first amendment particularly guarantee liberty contained fourteenth safeguarding individual right free exercise religion consistently recognized schempp supra stewart dissenting see also amar bill rights constitution yale free exercise clause paradigmatically citizen rights state rights thus invites incorporation indeed clause specially concerned plight minority religions thus meshes especially well thrust fourteenth amendment lietzau rediscovering establishment clause federalism rollback incorporation depaul rev held parents fundamental liberty choose manner educate children fundamental theory liberty upon governments union repose excludes general power state standardize children forcing accept instruction public teachers child mere creature state nurture direct destiny right coupled high duty recognize prepare additional obligations pierce society sisters see troxel granville thomas concurring judgment see edwards school american social order dynamics american education minority parents express greatest support parental choice interested placing children private schools appeal private schools especially strong among parents low income minority live districts precisely parents disadvantaged current system moe schools vouchers american public nearly public school parents annual income less support vouchers compared percent public school parents annual income see table addition percent black public school parents support vouchers percent hispanic public school parents ibid approximately percent prisoners state correctional institutions high school degree see department justice bureau justice statistics sourcebook criminal justice table programs include tax credits schooling addition type charter school law see school choice happening xxv moffitt garrett smith eds table douglass papers footnotes ohio currently undergoing major overhaul public school financing pursuant order ohio derolph state ohio least allow reform effort district tion alternative public schools take effect relying cleveland educational crisis reason state financed religious education suggests education one district community magnet schools provided largely state expense ante public education either schools provided entirely state expense state required footnotes congress shall make law respecting establishment religion amdt see app saint jerome school parent student handbook faith must dominate entire educational process child make decisions according catholic values choose lead christian life westside baptist christian school handbook christ basis learning subjects taught biblical perspective truth god truth see everson noting similar programs struck six upheld eight amicus curiae briefs filed three religious sects one labor union american civil liberties union illinois indiana louisiana massachusetts michigan new york noted record contains evidence private schools previously provided textbooks students evidence least schools allen significant distinction parochial schools provided secular textbooks students state provision stead might freed church resources allocation uses including potentially religious indoctrination similarly rejected path argument wolman walter overruled mitchell helms state sought distinguish meek pittenger overruled mitchell supra based fact meek state lent educational materials individuals rather schools despite technical change legal bailee explained program substance exalt form substance distinction found justify result different meek wolman supra conversely upheld law reimbursing private schools testing dismissing proffered distinction based indirect path aid earlier case formalistic dichotomy bears little relationship either common sense realities school finance committee public ed religious liberty regan justice apparently longer distinguishes notion evenhandedness neutrality neutrality everson compare ante concurring opinion mitchell opinion concurring judgment even one time used term neutrality descriptive sense refer aid programs characterized requisite equipoise support religion antagonism religion justice souter discussion convincingly demonstrates evolution meaning term jurisprudence cause hesitate equating neutrality recent decisions neutrality old majority argument public school students within program direct almost twice much state funding chosen school program students receive scholarship attend private school ante decisively rejected committee public ed religious liberty nyquist agree suggestion tuition grants analogous endeavor provide comparable benefits parents schoolchildren whether enrolled public nonpublic schools grants parents private school children given addition right send children public schools totally state expense event argument proves much also provide basis approving tuition grants complete subsidization religious schools ground action necessary state fully equalize position parents elect schools result wholly variance establishment clause earlier cases private choice sensibly understood go beyond mere formalism path ensure aid neither systemic predestined go religious uses witters example virtually unlimited choice among professional training schools religious zobrest simply one recipient chose use interpreter religious school secular school either open recent decisions seem stripped away substantive bite private choice apparently means government aid follows individuals religious schools see agostini felton state aid remedial instruction religious school goes directly eligible students matter choose attend school need limit one answer justice argues length community schools factor private choice calculus ante concurring opinion fair community schools exhibit features private schools autonomously managed without interference school district state two prior histories private schools may community schools might arguably count choices like public schools run state municipality substance merely private schools state funding outside voucher program public school deemed relevant object choice stopping progression example majority justice characterize public magnet schools independent category genuine educational options simply nontraditional public schools share private school features community schools thing distinguishes traditional public schools thematic focus cases appears nothing creative marketing see cleveland municipal school district magnet thematic including magnet schools undamental ducation enters employ raditional classrooms teaching methods emphasis basic skills ccelerated earning schools rely nstructional strategies provide opportunities students build individual strengths interests talents decide choices genuine range relevant choices theoretically wide open showcase educational options majority justice trumpet cleveland community schools hardly genuine choices two even enroll students kindergarten third grade app thus parents contemplating participation voucher program select schools see ohio rev code ann west supp new students may receive scholarships unless enrolled grade kindergarten one two three one school operation event targeted students federal poverty line app students see infra another school special population school students numerous suspensions behavioral problems grade level peers justice points may attractive certain parents ante probably attractive choice parents six remaining schools recent statistics student performance unavailable one school indicate three scored well cleveland average five tested subjects state proficiency examinations one scored one subject one community school old brooklyn montessori school even arguable competitor scoring slightly better traditional public schools three subjects somewhat two see ohio dept community school report card hope academy lincoln park hope academy cathedral campus hope academy chapelside campus hope academy broadway campus old brooklyn montessori school district report card cleveland municipal school district statistics consistent test results available three schools brief ohio school boards association et al amici curiae example students cleveland city school district proficient math compared hope chapelside hope cathedral think objective academic excellence benchmark comparing schools majority test justice prefers comparing educational options basis subjective parental satisfaction ante sure plausible ways evaluate genuine choices cases never talked quality educational options whatever standard every educational option relevant choice genuine independent private choice enquiry ante opinion seem require meaning genuine choice means enquiry establishment clause example families sent children private schools first time voucher program baptist app one school enrolling voucher students baptist parents surveyed motives enrolling children voucher program cited better education available public schools said children safety asked specifically one study identify important factor selecting among participating private schools parents mentioned academic quality teacher quality substance taught presumably secular mentioned religious affiliation school even consideration justice points record evidence student turned away nonreligious private school voucher program ante equally evidence support assertion many parents vouchers selected nonreligious private schools religious alternatives ante fact evidence contrary students used vouchers private nonreligious schools general accounting office report school vouchers publicly funded programs cleveland milwaukee gao report nonreligious private schools participate cleveland voucher program currently enroll voucher students remaining seven schools one enrolls half students attend nonreligious schools two others enroll voucher students app schools charge full tuition students whose families qualify low income unless number vouchers drastically increased unlikely students constitute large fraction voucher recipients program gives preference allocation vouchers children see ohio rev code ann west supp gao report national study reported similar average tuition catholic elementary schools higher tuition religious schools nonreligious schools dept education office educational research improvement national center education statistics private schools statistical profile nces june table figures explained part lower teaching expenses religious schools general support parishes run catholic schools example received revenue parish subsidies school year national catholic educational association balance sheet catholic elementary schools income expenses catholic schools also often rely priests members religious communities serve principals reporting schools one study elementary school level average salary religious sisters serving principals compared lay principals received average public school principals reported average salary ibid justice argues nonreligious private schools compete catholic religious schools tuition cap see ante record support assertion three secular private schools cleveland enroll eight voucher students see supra true suggests national statistics spurious secular schools cater different market catholic religious schools spectrum nonreligious private schools likely commensurate range religious schools point level religious schools comparative cost advantage due church subsidies donations faithful like majority says nonreligious private schools cleveland derive similar benefits contributions ante one affidavit record backs assertion data concerns private school emotionally disabled developmentally delayed children received budget way organization app large proportion sure even half budget catholic schools average receive parish subsidies alone see supra note majority notes argue ohio program unconstitutional voucher amount low create real private choice greater expenditure unconstitutional well ante majority dead right inconsistency voucher program satisfied majority requirement true private choice even egregiously unconstitutional current scheme due substantial amount aid religious teaching required points ante public school participates receive voucher cleveland student top normal state funding basic state funding though drop bucket compared cost educating student much cost least relatively affluent areas presumptively better academic standards paid local income property taxes see brief ohio school boards association et al amici curiae adjacent district voucher amount close enough cover local contribution east cleveland city local contribution see ohio dept community school report card east cleveland city school district system hardly provides attractive alternative cleveland parents classified ohio academic emergency district see ibid majority relies mueller agostini mitchell dispute relevance large number students use vouchers attend religious schools ante reliance inapt cases involved insubstantial benefits religious schools regardless number students benefited see mueller tax benefit taxpayer see brief respondents becker et al mueller allen agostini aid must supplement case mitchell concurring judgment de minimis see also supra less irrelevant lacking even arguable support cases justice argument million funds distributed ohio program religious schools permissible establishment clause pales comparison amount funds federal state local governments already provide religious institutions ante cases consistently held state benefits level go religious institutions recipients pervasively sectarian see tilton richardson aid colleges universities bradfield roberts religious hospitals benefit comes form tax exemption deduction see walz tax city new york exemptions mueller allen tax deductions educational expenses aid plausibly said go individual university students see witters washington dept servs blind state scholarship programs higher education extension federal programs bill fact cases often allow large amounts aid says nothing direct aid pervasively sectarian schools religious teaching greater justifies lesser argument ignores aforementioned cases completely swallow cases everson onward million vouchers acceptable example requirement greater de minimis diversion religious uses see mitchell concurring judgment amount federal aid may go religious education today decision startling according one estimate cost national voucher program billion current national budget people american way foundation community voice captive right participating students come families incomes poverty line least poverty line app nos etc therefore eligible vouchers covering tuition ohio rev code ann west supp may make shortfall contributions services recipient school shall permit higher income students program receive vouchers paying tuition costs historical matter protection liberty conscience may well central objective served establishment clause see feldman intellectual origins establishment clause rev may time proposal constitution bill rights predominant say exclusive argument established churches potential violate liberty conscience courts course drawn disputes whether religious school employment practices violated ohio statute part precisely avoid sort involvement courts appeals held religious groups enjoy first amendment exemption clergy state federal laws prohibiting discrimination basis race ethnic origin see rayburn general conference adventists application title vii employment decisions nature result intolerably close relationship church state substantive procedural level eeoc catholic univ america cadc young northern conference methodist church approach seem blocked ohio antidiscrimination provision also covers race ethnic background ohio rev code ann west supp see christian new testament corinthians king james version ye unequally yoked together unbelievers fellowship hath righteousness unrighteousness communion hath light darkness book mormon nephi repent believe name baptized name endure end must damned lord god holy one israel spoken pentateuch deut new jewish publication society translation one converts another faith lord never forgive rather lord anger passion rage man till every sanction recorded book comes upon lord blots name heaven koran cow ch dawood transl rev ed unbelievers whether forewarn faith allah set seal upon hearts ears sight dimmed grievous punishment awaits see martino abolition death penalty position holy see therefore authorities even serious crimes limit means punishment citing john paul ii evangelium vitae donin jew see martin islamic studies ed interpreting koran mean en responsible earn living provide families women bear children run household see baptist faith message art xviii available wife submit graciously servant leadership husband even church willingly submits headship christ