News and Features
Progressive journals are key in creating a movement, but they lack support.
The late John Rawls was, by all accounts, a remarkably modest and
generous person, much beloved by his friends and students, and
profoundly uninterested in the kinds of fame and celebrity perks
Within the next decade, 30-40 percent of current public school teachers
in the United States will retire, opening up more than 700,000 teaching
Debbie Nathan is an attendee of Feminist Futures, a
New York-based study group whose organizers include Leonore Tiefer.
A year ago Congress overwhelmingly approved George W.
The New York City public school system doesn't have the money, time or
organizational skills to make sure every child has a dictionary--or a
The universe of online computer games is home to 200,000 players at any time. It's also where you can find the newest innovation in military recruiting.
On its anniversary, two of its authors assess its relevance for today.
Saving the worst for last, on the final day of the term the Supreme
Court issued 5-to-4 rulings on school vouchers and drug testing that
blow a huge hole in the wall of church-state separation and shrivel the
privacy rights of students.
Since 1996 Ohio has provided tuition aid for Cleveland grade school
students to attend private schools, special city or suburban public
schools and individual tutoring classes. In the 1999-2000 school year,
96 percent of the students in this program went to religious schools.
Nevertheless, the Supreme Court approved the voucher system (Zelman
v. Simmons-Harris). Writing for the Court, Chief Justice William
Rehnquist noted that the tuition aid went initially to the parents, who
then endorsed the check over to the school. Because the parents could
have chosen one of the public school programs, the "incidental
advancement of a religious mission," wrote Rehnquist, is not
attributable "to the government, whose role ends with the disbursement
On its face, this is nonsense. The "achievement of a religious mission"
is directly attributable to the state, which actually pays the funds to
the religious institution; the parent is only a conduit who directs
where the money will go. The declared purpose of these schools is
religious indoctrination of students. The curriculums include prayer,
and all subjects are taught in a religious framework. Providing the
tuition money that makes it possible for these schools to enroll their
students puts the government squarely in the business of achieving a
Formally, the program was neutral, but in practice it was not. The
amount of aid was too little for nonreligious private schools but more
than enough for the low-cost religious schools, where the program paid
for the full tuition. The overwhelming proportion of this money thus had
to go to religious schools, which, of course, the Ohio legislature had
to know. Moreover, if formal neutrality is the test, a program will pass
muster even if all the money and students go to religious schools, so
long as it has some secular purpose. Since such a purpose can always be
produced, the door is wide open for massive state support of
fundamentally religious activity.
The focus on choice ignores the point of the Establishment Clause of the
Constitution. That clause is not designed to promote a choice between
religious and nonreligious institutions, nor is there any right to such
choice at state expense. The intent of the Establishment Clause is to
avoid spending taxpayer money in a way that promotes religion and thus
encourages sectarian rivalry. We had a great deal of such strife before
1787, and the clause was adopted to prevent this. Also, as Jefferson
explained, no one should be "compelled to...support any religious
worship, place, or ministry whatsoever...[even a] teacher of his own
religious persuasion"; Madison, the father of the Bill of Rights, shared
The decision will probably not result in many more voucher programs.
There is a lack of state money for education and strong allegiance to
public schools; studies by the government and other organizations do not
support the claim that voucher programs substantially improve academic
achievement. The decision will, however, produce many bitter religious
fights. As soon as the decision came down, state and federal legislators
introduced voucher legislation. There will also be conflicts over other
programs, including challenges by religious groups to the more stringent
provisions on church-state separation in state constitutions.
The Court's drug testing decision is also more important for what it
portends than for its immediate result. In 1989 the Vernonia, Oregon,
school district instituted a drug testing program for student athletes.
In 1995 the Court approved the program but stressed the special
circumstances of the case: Vernonia had a serious drug problem in which
athletes were the leaders of the drug culture; missed football plays and
serious sports accidents had been attributed to drug abuse. The Court
cautioned, however, "against the assumption that suspicionless drug
testing will readily pass Constitutional muster in other contexts."
That caution disappeared, however, when the Tecumseh, Oklahoma, school
district found drugs on the campus, heard students talk about drug use
and decided to test all middle and high school students who wanted to
participate in competitive extracurricular school activities. Lindsay
Earls, a member of the choir, the marching band, the Academic Team and
the National Honor Society objected but, after winning in appeals court,
lost in the Supreme Court (Board of Education of Independent School
District No. 92 of Pottawatomie County v. Earls).
Writing for the majority, Justice Clarence Thomas ignored all the
special circumstances of the Vernonia case and dismissed the absence of
a demonstrated problem of drug abuse as unimportant. Because (1)
students have a reduced expectation of privacy, (2) the intrusion is
"negligible," (3) the sanction (exclusion from extracurricular
activities) is minor and (4) drug abuse is a bad thing, the program is
acceptable. Any effort to link drug abuse to choir singing, the marching
band or the Academic Team would have been ludicrous, and Thomas didn't
even try. On his reasoning, as long as the sanctions are minor, all
students may be subjected to drug testing because the other factors he
mentioned always exist.
Although the decision is far-reaching, its immediate impact is likely to
be modest. Few schools routinely test even their athletes, and
widespread testing is expensive. The decision underscores once again,
however, that for the Supreme Court, the rights of young people are
shredded when they walk through the schoolhouse gates.
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