Now that the US Supreme court has settled the question of the constitutionality of school vouchers under the federal Constitution, the battle has moved to state courts. The Tallahassee Democrat carries an op-ed piece this morning discussing a case to be heard June 9 by the Florida Supreme Court. With Opportunity Scholarships, parents of children in failing public schools can transfer their children to private schools, including religious ones. The case uses the Florida state Constitution to challenge Florida's Opportunity Scholarship program.
Like many other states, Florida's Constitution contains a so-called "Blaine Amendment" providing that "No revenue of the state or any political subdivision or agency thereof shall ever 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 op-ed points out that other Florida programs will also be impacted by any decision, including a new pre-kindergarten program that will offer religious as well as non-religious options.
