It also would add the following sentence: "Individuals or entities may not be barred from participating in public programs because of religion." The proposed amendment is fueled by a 2004 Florida appellate court decision that relied on the"no aid" clause to strike down a state voucher program for parents of children in failing schools known as the Opportunity Scholarship Program.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 Taxation and Budget Reform Commission postponed action on a second proposed constitutional amendment that would permit the creation of voucher programs despite the state constitution's provision requiring a uniform system of free public schools. That provision was relied upon by Florida's Supreme Court in 2006 to strike down the state's Opportunity Scholarship Program without reaching the "no aid" question. (See prior related posting.)