Bush v Holmes

August 2004 the Florida appeals court made a ruling that invalidated the nation's only statewide school voucher program because it subverted the state's constitutional provision that bars the government from funding "directly or indirectly … any sectarian institution." This was done in spite of the fact that the U.S. Supreme Court had already ruled that school vouchers do not violate the First Amendment and it also ruled this year that states are under no constitutional obligation to fund religious schools.

I have reviewed several stands on this matter both pro and con. The ACLU is against it stating the OSP violates the Florida Constitution which provides that: Article 1, A3 "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"; Article IX , A1 “which requires the state to provide a "high quality education" for the children within its borders in "a uniform, efficient, safe, secure, and high quality system of free public schools"; and Article IX, A6 which provides that " the income derived from the state school fund shall, and the principal of the fund may, be appropriated, but only to the support and maintenance of free public schools." ACLU also states that the OSP violates the US Constitution.


Heartland Institution, on the other hand, is for school reform voiced the concern that "Families across Florida depend on this program as the only means to save their children from chronically failing public schools…"

The list of those with a voice continues to grow and the Internet is the vehicle of choice. There are many valid organizations such as the Florida Education Association, which called the ruling "a triumph." Others pop up daily, such as
Americans United for the Separation of Church and State, that hope Jeb Bush "has finally gotten the message."

I am against the school vouchers, when something is broke – you fix it, you don’t leave it faltering until it stops working all together, nor do you try to locate a substitute that doesn’t fit. Article IX, section 1 of the Florida Constitution states; “The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders….” I contend the state is doing nothing more then providing a back door in case High-Stake testing doesn’t work. Matter-of-fact, many parents move their children to private institutions which do not need to fall under state regulations so that they do not have to worry about their children graduating or passing the test. Next, concerning the separation of Church and State: we’ve taken prayer out of schools and want to regulate sectarian institutions by creating requirements with private institutions such as an agreement “not to compel any student attending the private school on an opportunity scholarship to profess a specific ideological belief, to pray, or to worship.” It would seem to me that the participating religious institutions have lost their mission in pursuit of the dollar… or have they?

In addition, what about the tax payers that don’t have any children in the school system? How come I can’t get my money back?