The implementation of a school voucher program is a topic that has faced much debate across the United States because of the controversy it creates. In order to understand why it is creating such a debate, it is important to understand what a school voucher program is and what it represents. By definition, a school voucher is a certificate of funding issued by the government, which the parents of a schoolchild have control of and are able to direct towards the public, or private school of their own choosing to fully or partially pay for the tuition of their child for that year, term, or semester (Wikipedia). School voucher plans offer parents the opportunity to spend their “education tax dollars” to enroll their children in the schools of their choice.
The first question that arises when discussing school choice and educational vouchers is the question of it being constitutional. The opponents of school choice argue that programs that allow parents to place their students in private or religious schools violate either federal or state constitutions. There are three main challenges to the constitutionality of school vouchers. These are the Establishment Clause, the Blaine Amendments, and the Compelled Support Clauses.
The first is the Establishment Clause. The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion (Cornell University Law School). In 1999, a school voucher program in Ohio challenged that school vouchers were constitutional. The Ohio program came about when many of the public schools in the poorer parts of Cleveland, Ohio were failing. In order to address...