Zelman v. Simmons-Harris

2002

Venue: SCOTUS

Facts: School choice in Ohio: vouchers.

Posture: Dunno

Issue: Does this have the effect of advancing or inhibiting religion?

Holding: No.

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

Reasoning: Nobody has to take the money, and it doesn't have to go to religious schools: that's all free choice.

Dicta: Lots of good dissenting.