American Civil Liberties Union : ACLU Applauds Appeals Court Decision Striking Down Florida School Voucher Program

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ACLU Applauds Appeals Court Decision Striking Down Florida School Voucher Program (11/12/2004)

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Contact: media@aclu.org

MIAMI - The American Civil Liberties Union of Florida today hailed a state court ruling that the state's school voucher program is unconstitutional because it allows tax dollars to be spent on religious schools.

"Governor Jeb Bush can no longer ignore the Florida Constitution and continue to divert much-needed state education dollars to church-run schools," said Howard Simon, Executive Director of the ACLU of Florida, which was a member of the legal team that filed the lawsuit challenging the program.

Today's 8-5 decision by the First District Court of Appeals is the third such ruling against the Florida Opportunity Scholarship Program since it was established in 1999. In August, a three-judge panel of the state appeals court found that the voucher scheme violates the "no-aid" provision of the Florida Constitution, which bans the use of public funds, directly or indirectly, in support of "any church, sect, or religious denomination or in aid of any sectarian institution." Bush appealed the earlier ruling by asking the full appeals court to review the decision.

In 2002, Leon County Circuit Court Judge P. Kevin Davey also ruled that the program violates the Florida Constitution, which is more restrictive than the federal ban on government-funded religion. Judge Davey said that 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 was the cornerstone of Bush's 1998 campaign for governor. The program was approved by the legislature to operate statewide in 1999. Although the voucher program initially started in Pensacola, it has expanded in recent years to include school districts across the state.

The case is Bush et al. v. Holmes et al. (No. 1 D02-3160). Plaintiffs include the Florida NAACP, Florida Congress of Parents and Teachers (Florida PTA) and parents and students in the public school system in Pensacola. Lawyers for the plaintiffs include: ACLU of Florida Legal Director Randall Marshall, national ACLU Legal Director Steve Shapiro, Ronald G. Meyer, of Tallahassee, and Robert H. Chann, John M. West and Alice O'Brien, of Washington, D.C.

For a copy of today's decision, go to: /religion/vouchers/16378lgl20041112.html

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