Justice O’Connor joins the 5–4 majority in Zelman v. Simmons-Harris, upholding Ohio’s school voucher program against Establishment Clause challenge.
On June 27, 2002, the Supreme Court issued its decision in Zelman v. Simmons‑Harris, with Justice Sandra Day O’Connor joining the 5–4 majority upholding an Ohio school voucher program that allowed public funds to be used at religious schools.
The Court held that the program did not violate the Establishment Clause of the First Amendment because it was neutral with respect to religion and provided aid directly to parents, who then made private choices among a range of religious and nonreligious schools. O’Connor, long attentive to church–state issues, sided with the majority’s view that such indirect aid did not amount to a government endorsement of religion.
This decision was historically significant in the development of school voucher and school choice policies, particularly for urban families seeking alternatives to underperforming public schools. It signaled that carefully designed voucher programs could pass constitutional muster, influencing legislative and policy debates across the country.
For women’s history, Zelman highlights how O’Connor’s jurisprudence extended deeply into education and religious liberty, areas affecting millions of families. Her role in the slim majority underscores the importance of her vote in shaping the constitutional boundaries of education reform.