MYTH: Vouchers violate the Utah State Consitution's prohibition on appropriating state money to religious organizations for educational purposes.
FACT: The United States Supreme Court has already held that such provisions in Ohio do not prohibit a voucher system. Because this issue has already been decided by the highest court in the nation, the Utah Supreme Court is likely to defer to that judgment should a lawsuit be brought on those grounds.
I followed the links.
The CNN story on the Supreme Court's 2002 ruling says nothing of the Ohio Constitution's provision. The ruling was based on the First Amendment of the US COnstitution. I actually agree with that ruling.
I also think that had they ruled on the Ohio Constitution, the ruling would have been the same.
However, the Ohio Constitution and Utah Constitution say two different things on the subject.
Ohio:
but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.
Utah:
Neither the state of Utah nor its political subdivisions may make any appropriation for the direct support of any school or educational institution controlled by any religious organization.
Ohio's Constitution says simply that no one religion can have access to the state funds. Utah's constitution says that no religious school can have public funds.
Let's look at that again:
Neither the state of Utah nor its political subdivisions may make any appropriation for the direct support of any school or educational institution controlled by any religious organization.
Comparing the Ohio and Utah Constitutions is like comparing lemons and bananas. Both are yellow. But they taste different.
-Bob
3 comments:
I think in Utah, you won't see private schools necessarily sanctioned by a religious organization. Mormon religious academies will be established by organizations independent of the C.O.P. They will have a religious agenda and very well may teach "follow the prophet, follow the prophet", etc. However, they will have a disclaimer, just as Mormon apologetic organizations do.
As for Judge Memorial, or some other Catholic schools, it will be interesting to see what the courts hold.
The catch there, Bob, is the phrase "direct support". As the Supreme Court already decided, letting the parents make the choice constitutes indirect support and is thus Constitutional. I think we may have to agree to disagree on this point, however.
For Utahns the most direct effect this contention portends is a long and expensive court battle that taxpayers will be saddled with. We should make sure voucher supporters include the cost of their guaranteed law suit when they are calculating the costs of this new entitlement.
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