A Lower Wall Between Church and State: Vouchers or Charter Schools?

INTRODUCTION Recent developments surrounding public school choice in the United States— namely in the forms of vouchers and charter schools—raise a host of concerns and questions regarding appropriate separations between church and state. Voucher programs that support religious schools and religiously affiliated charter schools point toward the possibility of a lower wall between church and state. In the realm of public education this wall has been constructed fairly rigidly by the courts, especially during the period from 1965 until fairly recently. In this essay I investigate whether the current shift from a higher to a lower wall between church and state is promising or dangerous, and conclude that there are some reasons to view a lowered wall as a positive shift. Finally, I explain how both vouchers and charter schools are policies with potential to fulfill some of the promises of a lowered wall. I argue, however, that charters are a preferable option because they provide more mechanisms for protecting vital public interests in education.