Voucher backers--an unusual coalition of inner-city parents and conservative groups--retort that the judge misread both the Cleveland program and the First Amendment. They point out that Cleveland parents who don t like parochial schools can send their kids to the city s regular public schools, or to public charter schools and magnet schools. Clint Bolick, a lawyer for the Institute for Justice, which defended the voucher program, says, No one can compel a child into the program or into a religious school.
Despite its recent setbacks, the voucher movement is gaining ground in state legislatures and some state courts. This fall Florida started the first statewide voucher program. And the Wisconsin Supreme Court upheld the use of vouchers in parochial schools in Milwaukee. In the presidential campaign, G.O.P. candidates John McCain and George W. Bush are trumpeting voucher proposals. While Vice President Al Gore launched an ad that calls vouchers a big mistake, his Democratic opponent Bill Bradley supports them, at least as experiments.
Though the U.S. Supreme Court has refused to hear several school-choice cases, legal experts suspect the more clear-cut Cleveland case might prod it into action. In the meantime, Judge Oliver is allowing Derrick Milancuk and nearly 4,000 other students in the Cleveland voucher program to remain in their schools while his ruling is on appeal.
By Jodie Morse Time; 12/31/99, Vol. 154 Issue 27, p220, 2/3p, 1c
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