Bush's fledgling plan, the only statewide voucher effort nationwide, was confined to two Pensacola schools and involved just 53 students. But opponents, led by the teachers union and civil liberties groups, feared many thousands more Florida parents would avail themselves of the opportunity to send their children to private schools once the program is expanded. Thus far, voucher foes have prevailed against small programs in Maine, Ohio, Pennsylvania and Vermont. Meantime, the constitutionality of Milwaukee's promising voucher program, which serves 8,000 low-income kids, has been upheld by the Wisconsin Supreme Court. Although all 50 states are constitutionally obliged to provide public education, the constitutional question is whether the use of state funds for tuition at parochial or other private schools violates the separation of church and state.
Lower courts have considerable leeway in interpreting where to draw that line.
Which is precisely why this matter needs to be settled by the highest court in the land. The Florida ruling, or the one several months ago that struck down Cleveland's parental voucher program, should be appealed to the Supreme Court. This would enable the justices to examine an important issue that has been causing controversy for nearly half a century. That issue is whether all parents who are paying taxes for their children's education should have some say in where their kids go to school, including religious schools. The operative word here is all, because parents of means have been choosing for decades to send their children to top-flight public or private schools.