OPINION: Utah voucher law found unconstitutional. Idaho’s law is also vulnerable
A district judge in Utah issued a marvelous decision on April 18, finding Utah’s school voucher law to be unconstitutional. The 60-page decision was based on a variety of constitutional flaws that the Utah law shares with Idaho’s recently enacted education tax credit law. The Utah law was enacted in 2023 with $42.5 million in state funds. State funding increased by $40 million in each of the next two years.
The Utah judge said the Utah Constitution gives “a direct command to the legislature to perform a single duty: establish and maintain the state’s education systems.’” The judge continued, “This clear expression of one duty–coupled with the absence of any general duty to provide for the education or intellectual improvement of Utahns — impliedly restricts the legislature from creating a publicly funded school or education program outside of the public school system.” In other words, Utah’s legislature is restricted from using public funds to support any form of private education.
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