High court must make its decision on legal principle, not on the basis of a phony mathematical argument
The constitutionality of Ohio's school voucher program should not be judged by whether one or 100 religious schools participate. What matters is whether the Supreme Court deems any parochial school involvement acceptable.

It is hardly surprising that yet another analysis finds most Cleveland families with vouchers send their children to schools with religious affiliations. More than four of every five private schools nationwide are sectarian; besides, Ohio's charter school program - launched after the voucher initiative - makes far more financial sense for independent schools.

When the state's voucher program began in 1996, reports an Ohio think tank, a little more than three-quarters of participants sent their children to religious schools. Four years later, the figure exceeds 99 percent. Voucher opponents argue that the lopsided numbers show that Ohio's program promotes religion and thus violates the Constitution's establishment clause. Yet voucher supporters say the actual choice of schools rests with parents, and secular schools still are part of the program.

The number of truly independent voucher schools has fallen since the program began. That's largely because the state's charter program offers far larger per-student funding, which has prompted many independent voucher schools to convert to charter schools. Meanwhile, voucher advocates have sought stipend increases, but legislators are delaying that debate until the legal fights are over.

That day will soon arrive. The Supreme Court is to hear oral arguments in Cleveland's case next month, and could rule by mid- year.

But the issue of constitutionality should be settled on principle, not percentages. Thus the crucial question is: If parents, rather than the state, choose a child's school, does the program still violate the Constitution?