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Constitution may prevent regulation of religious schools in voucher programs

9.25.2002

The Supreme Court's decision in Zelman v. Simmons-Harris will not bring an end to the challenges faced by publicly funded voucher programs. In addition to ongoing legal scuffles at state and local levels with teacher unions and the NAACP, vouchers may face yet another constitutional challenge if school choice laws saddle private schools with the same regulatory straitjackets now burdening public schools. Steven Menashi argues that these regulations are unnecessary, according to the Supreme Court's decision in Zelman, and may even be unconstitutional. To read more about the Court's precedents regarding government oversight of and interference with religious institutions, see "The Church-State Tangle," by Steven Menashi, Policy Review, No. 114, August 2002.

Tags: NAACP Supreme Court of the United States
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