Adventists File Brief Opposing Tuition Vouchers

Many observers list Zelman v. Simmons-Harris, the Ohio tuition voucher
case, as one of the biggest on the U.S. Supreme Court docket for 2002. A
group of Seventh-day Adventist organizations filed a friend-of-the-court
brief in December, urging the Court to reject the voucher scheme as
unconstitutional. The brief was filed by Adventist attorneys Lee Boothby and
Alan J. Reinach, on behalf of the Council on Religious Freedom, the
Seventh-day Adventist Church State Council, the Northwest Religious Liberty
Association, and the Interfaith Religious Liberty Foundation.*

The Ohio voucher scheme has provided tax funds directly to private and
religious schools, on a means tested basis, for low income students. The
state provides a voucher "check" to parents, who use it to pay for tuition,
with the school obtaining payment on the check directly from the state.
Quoted below are portions of the brief's "Introduction and Summary of
Arguments," explaining why groups that serve religious schools would oppose
government funding.

"These amici oppose voucher programs for use at sectarian schools for at
least two major religiously-based reasons. 

• First, they share the concern expressed by Thomas Jefferson who so eloquently insisted that: "It is sinful and tyrannical for any man to be forced to support a religion to which he does not believe." In fact, these amici believe that contributions to one's own religion must be voluntary and not coerced by the state.

• Second, these amici believe that such voucher programs will result in compromising the church and its religious education mission by providing areason and need for government to intrude into the affairs of religiousorganizations. As the Court noted in Lemon v. Kurtzman, " The history ofgovernment grants of a continuing cash subsidy indicates that such programshave almost always been accompanied by varying measures of control andsurveillance."

The brief also criticized the statute's requirement that excluded from the
voucher program schools that teach "hate." The brief argued that most
religions teach some form of exclusivity, and criticize the teachings and
practices of other religions. The statute therefore gives bureaucrats wide
latitude to determine which teachings constitute "hate," effectively
permitting government officials to discriminate against minority or
unpopular faiths, or stifle free speech and religious expression at
religious schools.

A close vote is expected in this case, in which a decision should come by
early July. "This case will almost certainly set the course for church-state
relations for many years to come," observed Alan Reinach, Public Affairs &
Religious Liberty Director for the Pacific Union Conference. "Although the
Bible tells us to expect the erosion of our religious freedom, we are also
called, in the words of Ellen White, "to do all in our power to avert the
threatened danger,"" Reinach said. "Whenever important issues of religious
freedom are being heard, in the courts, in the legislatures, or in public
debate, Adventist leaders strive to champion the cause of liberty."
 

• Council on Religious Freedom is an ASI member, Adventist supporting ministry chaired by former General Conference President, Elder Neal Wilson.

• Seventh-day Adventist Church State Council serves the Pacific Union Conference.

• Northwest Religious Liberty Association serves the North Pacific Union Conference.

• Interfaith Religious Liberty Association is a Sacramento, CA based organization founded by Adventist lay persons.

A COPY OF THE BRIEF IS AVAILABLE ON REQUEST.

You are encouraged to forward this to those who may be interested. Please do
not post on the world wide web without prior permission.

Director, Alan J. Reinach, Esq., ajreinach@msn.com; 805-497-9457 ext.398.
Associate Director Bradford Newton, bcnewton@pacbell.net; 916-446-2552.
For assistance with a religious liberty problem, contact any of the above
persons. [We serve five western states, including Arizona, California,
Nevada, Utah and Hawaii. For problems outside our area, we can refer to
someone more local.]

More information about religious liberty issues can be found at our web
address, www.churchstate.org. 

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