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The Past Should Not
Shackle the Present:
The Revival of a Legacy of Religious Bigotry by Opponents of School Choice

by Robert William Gall
cite as 59 N.Y.U. Ann. Surv. Am. L. 413 (2003)

"The past is never dead. It’s not even past."
William Faulkner

I.
INTRODUCTION

In Zelman v. Simmons-Harris, the Supreme Court ruled that
school voucher programs in which parents choose which schools, including religiously affiliated schools, their children attend do not violate the First Amendment’s Establishment Clause. The consequences of Zelman were dramatic: First, the hundreds of children enrolled in Cleveland’s school choice program were spared a return to schools that had consistently failed to provide them with a competent, much less quality, education. Second, teachers’ unions and other opponents of school choice can no longer use. . .
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