53 Fla. L. Rev. 193 (2001)
Racial Segregation in American Churches and Its Implications for School Vouchers

handle is hein.journals/uflr53 and id is 209 raw text is: RACIAL SEGREGATION IN AMERICAN CHURCHES AND ITS
IMPLICATIONS FOR SCHOOL VOUCHERS
Robert K. Vischer*
1.   VOUCHERS, SCHOOLS, AND RACE ...................... 196
II.  RACIAL SEGREGATION IN AMERICAN CHURCHES .......... 204
III.  MARKET FORCES AND CHURCH-AfFIATED SCHOOLS ...... 216
IV.   RELIGION AS A FACTOR IN SCHOOL CHOICE .............. 223
V.   RESPONDING TO VOUCHERS' SEGREGATIVE TENDENCIES .... 229
VI.   CONCLUSION   ...................................... 236
In the ever-burgeoning debate over school vouchers, the case made by
voucher proponents lies not just in notions of academic achievement, but,
to a significant degree, in the perception that the use of vouchers will foster
civic ideals and public virtue. The civic ideals usually referred to by
proponents relate to freedom and equality of opportunity arising from
expanded educational options for students and their families, especially for
those who otherwise lack the financial resources needed to make private
school a viable option. Left largely unmentioned by proponents, however,
is a civic ideal of more recent vintage-the concept of racial diversity,
which, along with pluralism in general, is now widely accepted as an
essential attribute of a civil society.' Even assuming that the broad
implementation of vouchers in this country would lead to the
improvements advertised by proponents, the impact of vouchers on racial
diversity in our nation's schools, while not necessarily dispositive, is
certainly a relevant consideration in the voucher debate.
The merits of vouchers are by no means new to legal scholarship. By
far the most common path of inquiry is along First Amendment lines.
Some writers have expressed concern with the social impact of
* Attorney, Kirkland & Ellis; B.A., 1993, University of New Orleans; J.D., 1996, Harvard
Law School. The author gratefully acknowledges the valuable comments on earlier drafts of this
Article provided by Thomas Berg, Curtis Bradley, Joan Gottschall, and Mark Modak-Truran.
1. See, e.g., Stephen Macedo, School Vouchers, Religious Nonprofit Organizations, and
Liberal Public Values, 75 CHI.-KENT L. REV. 417,428-29 (2000).

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