TALLAHASSEE, Fla. — A Florida judge ruled Aug. 5 that the state’s school voucher plan is unconstitutional because it advances religion. The U.S. Supreme Court ruled recently that providing taxpayer-funded vouchers to parochial schools doesn’t violate the U.S. Constitution’s ban on establishment of religion as long as parents have a choice between religious and secular options in deciding where to cash in their scholarships.
But Circuit Judge Kevin Davey of Leon County said Florida’s Constitution is more explicit in saying that tax dollars shall not “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.” Davey continued, “It cannot be logically, legally or persuasively argued that receipt of these funds does not aid or assist the institution in a meaningful way.”
The decision could jeopardize Florida’s 1999 voucher program. Gov. Jeb Bush said the state would appeal the ruling.
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