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Zelman v. Simmons-Harris: An Analysis of Impact to the Establishment Clause Requiring Separation of Church and State in Education

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Essay / Research Paper Abstract

A 14 page review of the findings of this 2002 Supreme Court case concerning the Constitutional validity of school vouchers. This paper reviews the societal implications of these findings in relation with past case law and the public misperception of the intent of the First Amendment to separate church and state. Bibliography lists 16 sources.

Page Count:

14 pages (~225 words per page)

File: AM2_PPlwSchV.rtf

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Unformatted sample text from the term paper:

The role of government as opposed to religion in education has been challenged on a number of fronts in recent years. One of these fronts is explored in Zelman v. Simmons-Harris, the 2002 case in which the sixth federal circuit court heard challenges against the Cleveland Ohio school voucher program, a program which provides tuition aid to those students that opt to attend the school of their choice whether that school be privately or publicly funded. Khan and Luchenitser (2003) clarify the details of the Cleveland program considered in this case in regard to impoverished families with incomes less than 200% of the poverty line. Under Clevelands voucher program these families can be reimbursed 90% of their tuition costs for amounts up to $2250 (Viteritti, 2002). Khan and Luchenitser (2003) specify that families with higher incomes can receive: "the lesser of $1875 or 75 percent of the tuition charge. Regardless of family income, public schools in adjacent districts receive $2250 for each student in the voucher program that they enroll" The controversy over this program surrounded the fact that in the 1999 to 2000 school year some 82% of the private schools participating in the program had religious affiliation. Those that objected to this program contended that it was in violation of the Establishment Clause of the First Amendment, a clause which prohibits the formation of: "law respecting an establishment of religion." [413 U.S. 756, 801]. ...

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