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Zelman v. Simmons-Harris (docket #:00-1751) (2002)  [Findlaw]
First Amendment claim denied.

Argument Date 02/20/2002
Decided June 27, 2002
Supreme Court Vote 5-4
Supreme Court Ruling Establishment Clause claim denied
IssueWhether Ohio’s school voucher program under which parents may use government funds to pay for parochial school tuition violates the First Amendment’s Establishment Clause. Relevant Supreme Court case: Committee for Public Education v. Nyquist (1973)
Case Summary & Additional Resources
Majority Opinion Rehnquist, C.J.
Concurring Opinion O'Connor, J., & Thomas, J. Justice O’Connor and Justice Thomas
Dissenting Opinion Stevens, J., Souter, J.(joined by Stevens, J., Ginsburg, J., & Breyer, J.) & Breyer, J. (joined by Stevens, J., & Souter, J.) by Justice Stevens and Justice Breyer
Certiorari Granted 09/25/2001
Lower Court 6th Circuit
Lower Court Ruling Establishment Clause claim upheld
For Petitioner
Judith French

For Respondent
Robert H. Chanin, Brendoff & Kaiser



Edwin Meese III
Jay Alan Sekulow
Julie K. Underwood
Prof. Robert A. Destro
Sharon L. Browne
Theodore Olson
Thomas E. Warner
News Stories & Commentary
Cato Institute Exchange: "School Choice: Is it Good? Is It Constitutional?"

Vouchers at the Supreme Court: America’s Traditions of Church-State Separation and Public Education Hang in the Balance

Press Release
Ohio AG press release

Panel - Lower Court
Circuit Judge Eric L. Clay joined by Circuit Judge Eugene E. Siler, Circuit Judge James L.Ryan concurring & dissenting in part
Tony Mauro Analysis
All eyes on O'Connor during voucher arguments

Supreme Court's voucher ruling dramatic, not surprising

Opinion - Lower Court
Simmons-Harris v. Zelman (2000)

"Judge Backs Order Barring Religious-School Vouchers," The New York Times, Aug. 16, 1996, Sect. A, p. 18
"Ohio Appeals Voucher Ruling," The New York Times, Oct. 21, 1999, Sect. A, p. 16
"Ohio Court Rules Against a School Voucher Plan," The New York Times, May 2, 1997, Sect. A, p. 26
Belluck, Pam, "A Judge Revises His Order, Allowing Vouchers, For Now," The New York Times, Aug. 28, 1999, Sect. A, p. 7
Greenhouse, Linda, "Court Takes Case Testing the Limits of Vouchers Laws," The New York Times, Sept. 26, 2001, Sect. A, p. 1
Greenhouse, Linda, "Justices Restore Cleveland's School Voucher Program for Now," The New York Times, Nov. 6, 1999, Sect. A, p. 10
Greenhouse, Linda, "White House Asks Court for Voucher Ruling," The New York Times, July 8, 2001, p. 19
Janofsky, Michael, "Ohio Justices Strike Down Voucher Plan In Cleveland," The New York Times, May 28, 1999, Sect. A, p. 16
Johnson, Dirk, "Many Cleveland Parents Frantic After Ruling Limits School Vouchers," The New York Times, Aug. 26, 1999, Sect. A, p. 11
McLarin, Kimberly J., "Ohio Paying Some Tuition for Religious School Students," Aug. 28, 1996, The New York Times, Sect. B, p. 9
Tabor, Mary B.W., "Ohio Upholds Public Funding of Private and Religious Schools," The New York Times, Aug. 1, 1996, Sect. A, p. 19
Wilgoren, Jodi, "A Ruling Voids Use of Vouchers in Ohio Schools," The New York Times, Dec. 12, 2000, Sect. A, p. 1
Wilgoren, Jodi, "Judge Says Cleveland Vouchers Violate Church-State Separation," The New York Times, Dec. 21, 1999, Sect. A, p. 1
"Vouchers Bounce Back," The New York Times, June 30, 1999, Sect. B, p. 8
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