This Week
Decision Debated
High court says religious schools can buy
material with public money.
nized that risk, but concluded that
"the evidence of actual diversion and
the weakness of the safeguards against
actual diversion are not relevant to the
constitutional inquiry, whatever rele-
vance they may have under the statute
and regulations."
Whether last week's decision could be
used to strengthen the argument for
school vouchers is unclear. Vouchers
provide government funds for students
to attend parochial or private schools.
SHARON SAMBER
Jewish Telegraphic Agency
Washington
rthodox Jewish groups are
hailing a U.S. Supreme Court
ruling that it is constitutional
for religious schools to use
taxpayers' dollars to buy computers and
other instructional materials.
Other Jewish groups warn, however,
that the use of these materials could be
diverted for religious purposes.
In a 6-3 ruling on June 28, the last
day of the court's term, the justices
ruled that the government may con-
tinue to provide money for religious
schools to buy instructional items.
However, the material must be secular
in content and not advance a religious
point of view.
Orthodox Jewish groups that
joined in a court brief in favor of
parochial school aid are applauding.
"To prohibit parochial schools
from receiving government support
made available generally to all school-
children is nothing short of discrimina-
tion against religion," said Nathan
Diament, public affairs director of the
Orthodox Union's Institute for Public
Affairs. "The Constitution calls upon
the state to be neutral toward religion,
not hostile towards it."
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Diament, who said the ruling puts pres-
sure on those who advocate strict
church-state separate, believes the court
made a "common-sense, middle-of-the-
road" decision.
Abba Cohen, counsel for Agudath
Israel of America, called the decision a
strong endorsement of equal participa-
tion by private school students in federal
education programs.
Many Orthodox schools rely heavily
on Title VI or Chapter 2 funding, feder-
al programs designed to aid private reli-
gious education.
But other Jewish groups, like the
Anti-Defamation League, say materials
bought with government money, partic-
ularly computers, could be diverted for
religious purposes.
In the opinion, written by Justice
Clarence Thomas, the court recog-
O'Connor's Vote
Justice Sandra Day O'Connor, consid-
ered to be the swing vote on the
voucher issue, concurred in the deci-
sion, but indicated in a separate opin-
ion her reservations about unrestricted
aid to religious schools — and vouch-
ers fall into this category.
The decision is a victory for the
Clinton administration, which has
proposed connecting every classroom
to the Internet, including those in reli-
gious schools.
But the decision may create problems
for many states, said Marc Stern, co-
director of the American Jewish
Congress' legal department.
Stern noted that many states have
restrictions on state funding for
parochial schools, which will now be
called into question.
To some, the court may appear to be
sending mixed messages on church-state
separation issues, since in a decision two
weeks ago the court ruled that student-
led prayers at high school football games
are unconstitutional.
But school prayer and aid to
parochial schools are "constitutionally
and theoretically different issues," said
Agudath Israel's Cohen. ❑