the text of the case
The Court finds that a Cleveland school voucher program does not
violate the 1st Amendment Establishment Clause forbidding the advancing
or inhibiting religion since "government aid reaches religious institutions
only by way of the deliberate choices of numerous individual recipients.
The incidental advancement of a religious mission, or the perceived
endorsement of a religious message, is reasonably attributable to
the individual aid recipients not the government, whose role ends
with the disbursement of benefits." What was not commented on in
the decision was an argument in Lemon v Kurtzman that "...as part
of its attempt to avoid the consequences of Brown v Board of Education
to integrate schools, [Arkansas] withdrew its financial support
from some public schools and sent the funds instead to private schools.
That state action was held to violate the Equal Protection Clause."
In the news: