Florida Voucher Law: Three Strikes

As many expected, a district court in Florida has ruled against that state's school voucher scheme. It is, in fact, the third court to do so - how many more will it take before Christian politicians in Florida begin to get the message?

The Orlando Sentinel reports:

"This is a big win for the people of Florida who believe in separation of church and state," said Ron Meyer, a lead attorney for voucher opponents. ... In its opinion, the court called the voucher law "a popular program with a worthy purpose" but said it violates the "religious freedom" provision of the Florida Constitution. That provision bars any state money going "directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution."

The provision at the heart of Friday's decision was added to the Florida Constitution in 1885. Some historians and legal commentators have concluded the language stemmed from anti-Catholic bigotry in the late 19th century. That point is disputed by other scholars, and there was no evidence that the language was added and then retained because of religious bigotry, the majority of the court found.

In their conclusion, the judges acknowledged "the salutary public policy" goals of the law, which was to help students in substandard schools get a better education. "Nevertheless, courts do not have the authority to ignore the clear language of the Constitution, even for a popular program with a worthy purpose," Judge William Van Nortwick wrote for the court. "If Floridians wish to remove or lessen the restrictions of the no-aid provision, they can do so by constitutional amendment."

Regardless of whether someone thinks that children are better off in religious schools, that doesn't mean that the state has the authority to collect taxes in order to pay for religious schooling. Religious schools should be funded through private means: parents, churches, and charitable donations. Taxation simply isn't the appropriate means.

Read More:

• Separation of Church and State 101
• Church and State News
• Religion in Public Schools
• Secularism 101