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ACLU Hails Court Decision Striking Down Florida School Voucher Program
August 5, 2002
MIAMI ? Citing Florida's constitutional prohibition on state-funded religious education, a Leon County circuit court today struck down Florida's statewide school voucher program.
"The court courageously upheld the state's explicit constitutional prohibition against diverting tax dollars from needed improvements in neighborhood public schools to private and sectarian schools," said Howard Simon, Executive Director of the American Civil Liberties Union (ACLU) of Florida.
In today's ruling, Leon County Circuit Court Judge P. Kevin Davey cited Article 1, Section 3 of the Florida Constitution, which states 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." That provision has been part of Florida's Constitution since 1885.
Judge Davey said that despite the need "to enhance the educational opportunity of children caught in the snare of substandard schools," Florida's Constitution is "clear and unambiguous" and that the court does not have the "authority to abandon the clear mandate of the people as enunciated in the constitution."
Florida's school voucher program ? the Opportunity Scholarship Program that is a portion of the Governor's "A+ Plan for Education" ? was the cornerstone of candidate Jeb Bush's 1998 campaign for Governor. The program was approved by the legislature to operate statewide in 1999. Until recently the voucher program was in operation only in Pensacola, though it was authorized as the nation's only statewide voucher program. Pending the outcome of an appeal, the voucher scheme is scheduled to expand this coming academic year to other school districts, including Miami-Dade.
"Although the state will likely appeal this decision, the Florida Constitution is clear and we're confident that the appellate courts will agree with Judge Davey's decision," added Randall Marshall, Legal Director of the ACLU of Florida.
The American Civil Liberties Union of Florida is a member of the legal team that filed the lawsuit, Holmes v. Bush, challenging the program. Plaintiffs include the Florida NAACP, Florida Congress of Parents and Teachers (Florida PTA) and parents and students in the public school system in Pensacola.
In June, the U.S. Supreme Court upheld a Cleveland school voucher program under the federal constitution. The focus of the challenge to Florida's voucher program then shifted solely to state constitutional prohibitions.
"We hope the Governor and the Florida Legislature will now find ways of addressing the serious problems with Florida's public education without diverting funds from public to private, mostly religious schools," added Simon.
MEDIA CONTACT:
Miami: Alessandra Soler Meetze, Communications Director, 305-576-2337
ext. 16 (office) Tallahassee: Larry Spalding, Legislative Staff Counsel,
(850) 425-1050
