Today, the Union of Orthodox Jewish Congregations of New York, through its Institute for Public Affairs, called upon the U.S. Court of Appeals for the Sixth Circuit to validate Cleveland’s school voucher program.

The appellate panel heard oral arguments in the case today in Cincinnati. The Cleveland pilot program provides state funded vouchers to allow a limited number of students in that city’s failing schools to attend the private or parochial school of their choice. The program had been litigated through the entire Ohio court system — with the state’s supreme court ruling the program essentially constitutional one year ago.

After that ruling, opponents of school choice initiatives turned to the federal courts to challenge the program again. A federal trial judge ruled the program unconstitutional last year, but that ruling was stayed pending appellate review.

Nathan Diament, director of the Union’s Institute, issued the following statement in connection with the appellate argument of the case: Cleveland’s school choice program has been found constitutional by Ohio’s highest court. Just as they were frustrated by Wisconsin’s highest court ruling a similar program in Milwaukee to be constitutional, opponents were not satisfied by that ruling and have turned to the federal courts for the proverbial ‘second bite at the apple.’ We are confident that the Sixth Circuit panel will recognize that Cleveland’s program is properly structured and constitutional. It puts power and resources in the hands of parents to ensure their children are well educated as they see fit; it does not constitute an improper establishment of religion. We look forward to the argument and to the court’s ruling.