For the third time since the law was enacted in 1999, Florida's Court of Appeals ruled that the state's Opportunity Scholarship Program, which allows students in failing schools to use vouchers to attend a public or private school of their choice, violates the state constitution's controversial Blaine Amendment. (For more click here.) In the 8-5-1 ruling (one judge disagreed with both the majority and the dissent because he felt that the program's constitutionality should be decided on a school-by-school basis), Judge William Van Nortwick declared that "courts do not have the authority to ignore the clear language of the Constitution, even for a popular program with a worthy purpose." To add additional fuel to the anti-voucher fire, five of the majority judges signed a separate opinion that suggested the law could also be unconstitutional under a different provision outlining the state's duty to provide a "uniform, safe, secure, and high quality system of free public education." Dissenting from the decision was a forceful minority of five judges who argued that "the Florida Constitution should not be construed in a manner that tips the scales of neutrality in favor of more restrictions and less free exercise of religion." The case now moves to the state Supreme Court, which must weigh the impact of extending this narrow interpretation of Florida's Blaine Amendment to other programs where state funds reach a religiously affiliated institution. According to the Institute for Justice, the ruling may put in jeopardy other state programs, including the McKay Scholarships (click here for more), state-subsidized childcare, and college scholarships. Some say that broad attack is precisely what the teachers' unions seek.
"Florida court of appeal strikes down school choice program," Institute for Justice, November 12, 2004
"Another ruling against vouchers," Lakeland Ledger, November 15, 2004
"The governor's voucher stall," St. Petersburg Times, November 16, 2004