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Journal of the American Academy of Religion 2005 73(3):637-657; doi:10.1093/jaarel/lfi073
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© The Author 2005. Published by Oxford University Press, on behalf of the American Academy of Religion. All rights reserved. For permissions, please e-mail: journals.permissions@oupjournals.org

Grading The Court on Zelman: School Vouchers and the Politics of Establishment Jurisprudence

Jane E. Hicks and William R. Barnett

Assistant professor in the Department of Religious Studies at St. John Fisher College, Rochester, NY 14618 Associate professor in the Department of Religious Studies at Le Moyne College, Syracuse, NY 13214

The U.S. Supreme Court recently approved a Cleveland-based school voucher program that raises serious establishment-of-religion questions and heralds potentially far-reaching changes in church–state relations. The Court’s opinion in that case, Zelman v. Simmons-Harris, 536 U.S. 639 (2002), is assessed here in view of the social and historical contexts in which these issues have arisen as well as for its coherence with First Amendment principles and ensuing policy implications.


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