Florida judge rules vouchers not legal

Christian Century, August 14, 2002

A Florida circuit court judge has ruled that the state's school-voucher plan is unconstitutional because it promotes religion. Judge Kevin Davey of Leon County said August 5 that Florida's constitution is explicit in saying that tax dollars shall not "be taken from the public treasury directly or indirectly in aid of any church, sect or religious denomination or in aid of any sectarian institution."

The U.S. Supreme Court ruled recently that providing taxpayer-funded vouchers to parochial schools doesn't violate the U.S. Constitution's ban on establishment of religion as long as parents have a choice between religious and secular options in deciding where to cash in their scholarships.

But many analysts opposed to vouchers contend that a number of states have tighter restrictions. "Regardless of the Supreme Court's ruling on the federal Constitution, the legal issues concerning state voucher laws will depend largely on the language in these individual state constitutions," said Elliot Mincberg, vice president and legal director of People for the American Way Foundation, which is co-counsel to challengers of the 1999 Florida voucher law.

In his opinion, Davey said, "it cannot be logically, legally or persuasively argued that receipt of these funds does not aid or assist the institution in a meaningful way."

One day after the ruling, an appeal was entered by Governor Jeb Bush and other state officials. The ruling would overturn Florida's program offering state-funded scholarships, which students may use to pay for tuition at private religious schools. The scholarship program is intended to provide educational alternatives to children in chronically failing public schools.

Fewer than 50 Florida students received vouchers last year, but parents of 702 children have notified the state that they expect to take part in the program this fall.

The state's appeal of Davey's ruling automatically delays its implementation, meaning that voucher students may go ahead and attend religious schools this fall. Florida's teachers' union said it would challenge the automatic stay.--ABP