Zelman vs Simmons-Harris Background: This case took place in Ohio.

Ohio has a Pilot Project Scholarship P rogram which provides tuition aid in the form of vouchers. This aid is available to kids in private/non-private schools and religious/non-religious schools. Thi s tuition aid is given to parents based on their location and their poverty leve l. Then their parents may spend it on whatever education the child needs. But in 1999-2000, 82% of the private schools were affiliated with religion and 96% of people receiving money were going to religious schools. This led some Ohio tax p ayers to get mad and challenge that this violated the establishment clause. Decision: The vote was 5-4 in favor of the schools, saying that this did not vio late the establishment clause. Constitutional Issue: It involved the first amendment and the Establishment clau se within that amendment. The first amendment has five parts: Freedom of speech, Freedom of religion, Free dom of press, Freedom of assembly, and Right to petition. Opinions: Majority: The decision was that since the funding was given to the parents, as l ong as the voucher did not encourage going to a religious school then it was per fectly legal. Concurring: This decision was based on the fact that there needs to be some publ ic funding to help get people who can't afford it to private school and there fo r this is okay based on the first and fourteenth amendment. Dissenting: This opinion said this case countered the precedent case, Everson vs . Board of Education, and therefore was wrong. Also they said it violated the Es tablishment clause.