Education Vouchers: The Constitutional Standards

Publication Date: June 1998

Publisher: Library of Congress. Congressional Research Service

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Research Area: Education

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Abstract:

The establishment of religion clause of the First Amendment to the Constitution provides that “Congress shall make no law respecting an establishment of religion....” In numerous cases the Supreme Court has construed this clause to impose substantial constraints on the provision of public aid to sectarian elementary and secondary schools. That has been true with respect both to direct aid to such institutions and to indirect aid, i.e., aid that goes initially to students or their parents and that is used to defray the cost of attendance. But the constraints are not absolute. The Court’s decisions permit a limited degree of public aid to be provided directly and a broader range of assistance indirectly. This report sketches the constitutional standards that apply to public aid to sectarian schools and especially to programs of indirect assistance such as education vouchers. It also summarizes recent significant state court decisions involving vouchers.