U.S. Supreme Court Refuses to Hear Religious Voucher Challenge
The U.S. Supreme Court Monday (November 9, 1998) refused to hear a challenge
to the expansion of the Milwaukee private school voucher program to religious
schools.
WEAC, the Milwaukee Teachers' Education Association and the NAACP, among
others, had appealed the case to the nation’s highest court, claiming
the expansion was unconstitutional.
In June, the Wisconsin Supreme Court ruled that the expansion of the
Milwaukee private school voucher program to religious schools was constitutional.
That 4-2 ruling overturned a 1997 State Appeals Court ruling. The Appeals
Court had ruled that the inclusion of religious schools violated the "separation
of church and state" provisions of the Wisconsin Constitution. The
Appeals Court ruling had affirmed a lower court ruling by Dane County
Circuit Judge Paul Higginbotham.
The expansion allows as many as 15,000 Milwaukee students from low-income
families to attend private and religious schools at state expense. Previously,
the Milwaukee voucher program allowed participating students to only attend
non-religious private schools.
Despite the U.S. Supreme Court decision, the debate over the religious
school voucher issue will not disappear, WEAC President Terry Craney said.
“We will continue to oppose the expansion of the voucher system
and we will wait for another opportunity to raise the federal issues in
question,” Craney said.
Craney said the true victims of the voucher system are the children of
Wisconsin.
“Money to finance voucher schools comes from funds available for
public education,” he said. “According to the Legislative Fiscal
Bureau, Milwaukee Public Schools will lose more than $25 million in state
funds this year alone because state money will be redirected to voucher
schools. MPS will be forced to increase class sizes, make program cuts
or increase property taxes to make up for the loss. That is a choice no
one should have to make.”
Craney noted the Supreme Court’s action did not mean the justices
would have ruled against WEAC’s position opposing vouchers.
“The decision says nothing about vouchers’ ultimate constitutionality,”
he said. “It is unfortunate Wisconsin children must wait for another
case to vindicate their First Amendment rights. We believe Wisconsin children
and the Constitution would have been best served by the court agreeing
to hear this matter. This would have been an excellent case to once and
for all decide the future of vouchers for religious education.”
Posted November 9, 1998