U.S. Court Finds Ohio Vouchers Unconstitutional

CINCINNATI — Setting the stage for a possible Supreme Court ruling on the separation of church and state, a federal appeals court Monday declared Cleveland's school voucher program unconstitutional because it uses tax money to send students to religious schools.

In a 2-1 ruling, the U.S. 6th Circuit Court of Appeals said the program appears designed to favor religious schools and thereby violates the constitutional separation of church and state.

Both sides predicted the dispute will go to the high court, which has passed up opportunities to consider challenges to the constitutionality of providing public aid to families whose children attend religious or other private schools.

The Supreme Court last year let stand a similar voucher program in Milwaukee.

Ohio Atty. Gen. Betty Montgomery said no immediate decision has been made on an appeal.