The applicability of the Establishment Clause to public funding of benefits to religious schools was settled in Everson v. Board of Ed. of Ewing, which inaugurated the modern era of establishment doctrine.

The Court's majority holds that the Establishment Clause is no bar to Ohio's payment of tuition at private religious elementary and middle schools under a scheme that systematically provides tax money to support the schools' religious missions.

Legislatures not driven to desperation by the problems of public education may be able to see the threat in vouchers negotiable in sectarian schools.

The law schools are taking a position on First Amendment grounds, and that position is in interference with military recruiting, no question about it.

We're not proposing any shifting of funding from public schools to private schools.

I think the key is the relationship between the superintendent and the school board.