ABSTRACT
This chapter describes the US Supreme Court was asked to review an Ohio school "voucher" program that provided state funds to Cleveland parents for tuition payments at religious schools. The new policy provided parents with two options for supplementing a free public education. For children remaining in public schools, financial assistance for private tutoring was provided to parents. This tuition assistance portion of the program came under review in Zelman. The Court's increasing leniency in certain Establishment Clause cases was emphasized in Justice David H. Souter's dissent. Justice Souter identified the Zelman decision with a fourth reworking of Establishment Clause requirements, a reworking that ignored the substantiality of the aid directed to the religious institution. Zelman represents the reasoning in a line of cases in which the Rehnquist Court has responded with less hostility to the public funding of religious institutions than was the norm on the Court under Chief Justices.
