Both proponents and critics of vouchers can cite Supreme Court precedents which favor their positions, but no definitive precedent has yet been set. Even if the First Amendment does not preclude vouchers, however, Americans must ask themselves if they feel it is right for citizens to be forced to subsidize religious education which may conflict with their beliefs. An appeal of the Wisconsin Supreme Court ruling was made to the US Supreme Court, but the high court refused to consider the case, allowing the Wisconsin Supreme Court verdict to stand. It must be remembered, however, that state and federal constitutional problems are only endemic to government voucher programs. Private voucher programs are thus superior in this respect to government programs.
Vouchers fail to offer the 'choice' that proponents claim.
The 'choice' remains with the private schools that will continue to pick and choose the students they wish to accept and reject. Public schools open their doors to all students. Once again, it is necessary to compare market-based school reforms with the status quo, rather than with a mythical ideal in which every family could obtain precisely the education it sought. At present, the vast majority of children are simply assigned to a public school, and have little choice in the matter. What voucher programs would do is allow those children a choice.