Vouchers — Panacea or Plague?

The question of vouchers to students is gaining momentum as parents seek to get their children out of government schools where they are learning little to nothing.  Recently, the Milwaukee schools won the right to give vouchers to students from poor schools (although a recent court decision reversed a prior decision and is now under appeal), taking those students out of the government schools and placing them in private or parochial schools, and vouchers are being offered under similar circumstances in Florida.  Other states have toyed with the idea.  What about vouchers?  Are they a panacea for the problems of government schools, or are they a plague for private and parochial schools?

To answer this question, we need to look at the ideal and the reality of vouchers.  This takes us to the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …

While the Supreme Court has interpreted this particular part of the First Amendment to mean "the separation of church and state" or the "wall of separation," historians dispute this in light of the writings of those who brought about the Bill of Rights to the U.S. Constitution.  The First Amendment they say, does not, in fact, prohibit the government from supporting religion, but it does prohibit the government from supporting only one religion or establishing a state religion.  Such does not prohibit the government from supporting all religions equally.  Thus in the context of the First Amendment, vouchers to religious schools would not be illegal so long as those vouchers could be used at any religious school.  As Congress is forbidden from "prohibiting the free exercise thereof", Congress would also be prohibited from attaching conditions to the receipt of the voucher money.

Please do not stop reading here, presuming that the answer is apparent, and no further knowledge is needed.  Such is definitely not the case.  This is the ideal under literal interpretation of the First Amendment.

The reality, however, is that the Supreme Court interpretation of the First Amendment has been otherwise, creating a situation where government support of religion in private and parochial schools is forbidden, even though a conflict exists in and of the fact that government schools are teaching the religion of humanism in the classroom.

Private institutions have also learned that accepting money from the government also means that they must comply with such government regulations as the government deems appropriate.  A few years back, Hillsdale College in Michigan found this to be the case when they accepted students with Pell Grants.  The courts ruled that even though the grants were to private citizens, Hillsdale accepting those grants subjected Hillsdale to government regulation.

These court decisions render an unfavorable environment for private and parochial schools to accept government vouchers.  For this reason, and until the current environment changes, I oppose government vouchers for private and parochial schools as such will destroy the autonomy of both.

Lynn M Stuter

Education Researcher

Washington State

© September 1999; Lynn M Stuter