Zelman v. Simmons-Harris

Ohio created the Pilot Project Scholarship Program to give families in the failing Cleveland City School District educational options. It offered tuition aid usable at participating public or private schools chosen by the parents, plus tutoring aid for those staying in public school. Any private school-religious or not-could participate, subject to anti-discrimination conditions, and aid was distributed mainly by financial need. In 1999-2000, 82% of participating private schools were religiously affiliated, and no Cleveland public schools chose to participate. Simmons-Harris (plaintiff) and other taxpayers sued Zelman (defendant), the administering official, claiming the program violated the Establishment Clause. The district court and court of appeals ruled for the challengers, and the Supreme Court granted review.

Whether a state program providing tuition and tutoring aid to students who choose among participating public and private schools-most of which are religiously affiliated-violates the Establishment Clause of the First Amendment.