the supreme court finally addressed the constitutionality of school voucher programs in
Zelman v. Simmons-Harris Zelman v. Simmons-Harris, 536 U.S. 639 (2002), was a 5-4 decision of the United States Supreme Court that upheld an Ohio program that used school vouchers. The Court decided that the program did not violate the Establishment Clause of the First Amendment even if the vouchers could be used for private, religious schools.