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Zelman Vs. Simmons-harris
Cites for this judgment
- US Supreme Court
- Jun 27, 2002
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U.S. 639 (2002) October Term, 2001 Syllabus Zelman, Superintendent of Public Instruction of Ohio, Et Al. V. Simmons-HarrisSearch
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Together with No. 00-1777, Hanna Perkins School et al. v. SimmonsHarrisSearch
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et al., and No. 00-1779, Taylor et al. v. Simmons-HarrisSearch
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question is whether the program nonetheless has the forbidden effect of advancing or inhibiting religion. See Agostini v. FeltonSearch
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religious schools wholly as a result of their own genuine and independent private choice. See, e. g., Mueller v. AllenSearch
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at a religious school. Finally, contrary to respondents' argument, Committee for Public Ed. & Religious Liberty v. NyquistSearch
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and placed the entire Cleveland school district under state control. See Reed v. RhodesSearch
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that the enactment of the program violated certain procedural requirements of the Ohio Constitution. Simmons-Harris v. GoffSearch
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of advancing or inhibiting religion. Agostini v. FeltonSearch
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drawn a consistent distinction between government programs that provide aid directly to religious schools, Mitchell v. HelmsSearch
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Rosenberger v. RectorSearch
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aid reaches religious schools only as a result of the genuine and independent choices of private individuals, Mueller v. AllenSearch
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Witters v. WashingtonSearch
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Zobrest v. CatalinaSearch
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id., at 399 (citing Widmar v. VincentSearch
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of beneficiaries or providers of services, the touchstone of neutrality under the Establishment Clause. Mitchell v. HelmsSearch
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underlying a challenged program. Good News Club v. MilfordSearch
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U. S. 98 , 119 (2001) (internal quotation marks omitted). See also Capitol Square Review and Advisory Bd. v. PinetteSearch
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decisions made in any given year by thousands of individual aid recipients, infra, at 659 (citing Mueller v. AllenSearch
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for 2001-2002). Since the Wisconsin Supreme Court declared the Milwaukee program constitutional in 1998, Jackson v. BensonSearch
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Brief for Wisconsin 12-13. These numbers further demonstrate the wisdom of our refusal in Mueller v. AllenSearch
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Respondents finally claim that we should look to Committee for Public Ed. & Religious Liberty v. NyquistSearch
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that some speculative potential for divisiveness bears on the constitutionality of educational aid programs. Mitchell v. HelmsSearch
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quoting Aguilar v. FeltonSearch
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Supp. 2001). Most of these tax policies are well established, see, e. g., Mueller v. AllenSearch
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Walz v. TaxSearch
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Regan v. TaxationSearch
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see also Rosenberger v. RectorSearch
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well-established parts of our social welfare system, see, e. g., Committee for Public Ed. & Religious Liberty v. NyquistSearch
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Lemon v. KurtzSearch
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man, 403 U. S. 602 , 612-613 (1971) (internal quotation marks omitted). In Agostini v. FeltonSearch
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of entangle- 669 ment has implications for whether a statute advances or inhibits religion, see Lynch v. DonnellySearch
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O'CONNOR, J., concurring). The test today is basically the same as that set forth in School Dist. of Abington Township v. SchemppSearch
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U. S. 203 , 222 (1963) (citing Everson v. BoardSearch
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rather than directly to service providers, has the primary effect of advancing or inhibiting religion, Lemon v. KurtzmanSearch
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see also Wallace v. JaffreeSearch
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schools deny emancipation to urban minority students. Despite this Court's observation nearly 50 years ago in Brown v. BoardSearch
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try to navigate the line between the secular and the religious in education. See generally Illinois ex rel. McCollum v. BoardSearch
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recently decided several cases challenging federal aid programs that include religious schools. See, e. g., Mitchell v. HelmsSearch
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on a neu- 2 See, e. g., School Dist. of Abington Township v. SchemppSearch
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Roth v. UnitedSearch
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States, 354 U. S. 476, 503-504 (1957) (dissenting opinion). See also Gitlow v. NewSearch
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Pierce v. SocietySearch
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