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August 16, 2004
BREAKING NEWS: Florida vouchers ruled unconstitutional
A Florida appeals court today ruled that state's flagship school voucher program is unconstitutional and immediately forwarded the case to the state Supreme Court, calling it "a question of great public importance." The program, with roughly 600 students participating, has been allowed to proceed despite being tied up in the courts since the day after it was signed into law in 1999.
In a 2-1 decision, the 1st District Court of Appeals ruled that the "Opportunity Scholarship" voucher program violates the state constitution's no-aid provision that specifically prohibits the expenditure of public funds "directly or indirectly" to aid sectarian institutions. "For a court to interpret the no-aid provision of article I, section 3 as imposing no further restrictions on the state's involvement with religious institutions than the Establishment Clause, it would have to ignore both the clear meaning and intent of the text and the unambiguous history of the no-aid provision," the majority wrote. The court also cited the recent U.S. Supreme Court ruling in Locke v. Davey, which said the U.S. Constitution does not require a state government to subsidize religious instruction whenever it subsidizes non-religious instruction. For more on that case, read what BoardBuzz had to say back in February. Today's Florida court ruling can be read here.
Posted August 16, 2004 12:00 AM
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