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Show Hinckley Journal of Politics Spring 2000 Fourteenth Amendment, and the establishment clause of the First Amendment, would supersede the stringent state constitutions. In addition, all of the above-mentioned cases say the state can neither advance nor hinder religion. If parochial schools are not allowed to participate in various governmental programs, because they are religious, their due process and free exercise rights would be violated. By imposing more rigid rules of separation to exclude religious institutions from government-financed choice programs, state courts may be treading on the First Amendment rights of parents who seek to have their children educated in schools that reflect their own religious values-rights specifically protected under the free exercise clause (Viteritti 1998, 410). Conclusion: the Policy Implications for School Choice The history of Supreme Court decisions regarding separation of church and state, as well as recent interpretations, point in a direction of continued constitutional acceptance by the states and the U.S. Supreme Court so long as school-choice programs continue to use the mechanisms established as constitutional. The program would need to exemplify the three prongs of the Lemon test: It must have a secular purpose, the main effect can neither advance nor harm religion, and it cannot create an excessive entanglement between the government and religion. In addition to the Lemon test the holdings in Cochran, Everson and Mueller would also need to be applied. The programs in all three of these cases were offered to a broad base of children and not a specific group. The other issue of the state constitutions to date has not been a barrier. Even though the state supreme courts are the final arbitrators as to the meanings of their constitutions, if they violate the federal Constitution then in court the federal case would prevail. The primary intent of school choice as was stated in Kotterman is to give parents, especially low-income parents, more choices for the children's education and parochial schools are one of those options. As Justice Lewis Powell stated in the Court's opinion in Wolman, parochial schools fulfill a need in society and they help lessen the tax burden for public schools. "The state has, moreover, a legitimate interest in facilitating education of the highest quality for all children within its boundaries, whatever school their parents have chosen for them" (Wolman v. Walter 1977, 262). Therefore as long as school choice programs use U.S. Supreme Court cases as an outline, they will continue to spread and be a viable alternative for parents. References Asch, Kim. 1998. "Court Upholds School Vouchers, Wisconsin Allowed to Use State Funds." Washington Times, 10 November, Al. Board of Education v. Alien. 1968. 392 U.S. 236. Bolick, Clint. 1998. "Are School Vouchers Constitutional?" Brief Analysis 272, National Center for Policy Analysis & CEO America, July. Cochran v. Louisiana State Board of Education, 1930. 281 U.S. 370. Cordell, Dorman E. 1998. Brief Analysis 264, National Center for Policy Analysis and CEO America, April. Eversonv, Board of Education of the Township ofEwing. 1947. 330 U.S. 1. Illinois ex rel, McCoHum v. Board of Education of School District No, 71. 1948. 333 U.S. 203. Jackson v. Benson. 1998. 578 N.W 2d 602, cert, denied 119 S. Ct. 466 (1998). Kotterman v. KMian. 1999. 972 P. 2d 606. Lemon v. Kurtzman, Superintendent of Public Instruction of Pennsylvania. 1971. 403 U.S. 602. Leube, Kurt R., Ed. 1987. The Essence of Friedman. Stanford: Stanford University Press. Mueller v. AUen. 1983. 463 U.S. 388. Peterson, Paul E. and Bryan C. Hassel, Eds. 1998. Learning from School Choice. Washington, DC: Brookings Institution Press. Pierce, Governor of Oregon v. Society of Sisters. 1925. 268 U.S. 510. Rees, Nina Shokraii and Sarah E. Youself. 1999. School Choice: What's Happening in the States; 1998. Washington, DC: Heritage Foundation. Viteritti, Joseph P. 1998. "School Choice and State Constitutional Law." In Learning from School Choice. Ed. Paul E. Peterson and Brian C. Hassel. Washington, DC: Brookings Institution Press, 409-25. Wall Street Journal 1998. "School Choice Victory." 10 November, A22. Witters v. Washington Department of Services for the Blind. 1986. 474 U.S. 481. Wolman v. Walter. 1977. 433 U.S. 229. Zokrest v. Catalina FoothiRs School District. 1993. 509 U.S. 1. Zorach v. Chuson. 1952. 343 U.S. 306. 79 |