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Old 08-17-2004, 04:31 PM   #1
Nightwing
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Join Date: June 14, 2004
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Court rules religious school voucher law unconstitutional
Monday, August 16, 2004 Posted: 2:27 PM EDT (1827 GMT)

TALLAHASSEE, Florida (AP) -- A Florida law that allows students at failing public schools to attend private religious schools at taxpayers' expense is unconstitutional, a state appeals court ruled Monday.

The 2-1 decision by the 1st District Court of Appeal upholds a ruling by a trial judge saying the state constitution forbids the use of tax money to send youngsters to religious schools.

"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 in the decision.

Education Commissioner Jim Horne called the ruling unfortunate and said it would be appealed to the state Supreme Court. The law has been enforced as the case makes its way through the courts.

Attorney Barry Richard, who represented the state, said the ruling did not address the state's main argument -- that the law is neutral to religion and if found unconstitutional would violate the "free exercise" of religion promise in the U.S. Constitution.

Ron Meyer, a lawyer for opponents of the law, said the decision was comprehensive and makes it easy for the state Supreme Court to reach a similar finding.

Under the 1999 law -- the centerpiece of Gov. Jeb Bush's education policies -- students attending public schools that earn failing grades two years out of four are eligible for vouchers to private schools, including religious schools.

Voucher opponents, including the state teacher's union, the Florida PTA and the National Association for the Advancement of Colored People, challenged the law in court the day after Bush signed it in 1999.

In 2002, the U.S. Supreme Court swept aside a major hurdle to voucher programs, ruling such uses of tax dollars do not violate the separation of church and state required by the U.S. Constitution.

Still, the judge in the lower court ruling said the voucher program violates Florida's constitution, which bans the use of tax dollars on religious schools.

About 600 students in a handful of Florida counties attended private schools on vouchers last year. Voucher students there may be taught religion, but may not be forced to pray, worship or profess a religious belief.
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I think it amazing that giving up on our education system instead of making it better is the centerpiece of Jeb Bush's education program.
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Old 08-17-2004, 05:08 PM   #2
Timber Loftis
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We don't have government contractors to build every road. We bid it out to reputable contractors. Why should schools be different?

I'm all for public school, having emerged from 13 years of it relatively okay. But, I don't have a problem with the vouchers. I also agree that the practice is religion-neutral. It just provides a voucher -- the parents choose the school. I think the US Supreme Court would agree, but this is being decided under Florida's constitution, which may have differing provisions.

And please don't think I'm supporting the Bush Bros. on education generally.
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Old 08-17-2004, 05:21 PM   #3
Nightwing
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I support private schools 3 of my kids went to private schools, it's taking money from the public schools and giving it to the private ones that bothers me. There will never be enough private schools to let all the students go to private schools. The depletion of funds would have a long term effect, and I really belive there would be great segragation due to vouchers.
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Old 08-17-2004, 07:31 PM   #4
DBear
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Hmmm, a voucher program is found unconstitutional, so this means the Bushes don't support education?


riiiiiigggghhht....
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Old 08-17-2004, 08:49 PM   #5
Timber Loftis
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Quote:
Originally posted by DBear:
Hmmm, a voucher program is found unconstitutional, so this means the Bushes don't support education?


riiiiiigggghhht....
[img]graemlins/doh.gif[/img] You broke the code. Well, sort of. I think the reasoning works like this: Bush was trying to violate the constitution to support his illegal educational policy, ergo... um, never mind.
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