I do not believe the Blaine Amendment will stand as an impediment to vouchers. In Zelman v. Simmons-Harris, 536 U.S. 639 (2002), the Supreme Court ruled that voucher programs do not violate Ohio’s Blaine Amendment if the program meets all of the following criteria:
(1) the program must have a valid secular purpose,(2) aid must go to parents and not to the schools,(3) a broad class of beneficiaries must be covered,(4)the program must be neutral with respect to religion, and (5) there must be adequate nonreligious options.