Rob's blog

I am not against the idea of school vouchers in concept. I do not, however, feel that we have the right blend of options in the current school voucher legislation that is before us. My biggest issue was stated in the impartial voter information guide put out by the Lt. Governor's office where several Utah State consitutional issues were raised. The one I am specifically aware of is this:

Article I, Section 4. [Religious Liberty]

 

. . . There shall be no union of Church and State, nor shall any church dominate the State or interfere with its functions. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment.

With taxpayer money appropriated for education from the citizens of this state, public money is in posession of the State. For the State to then take a portion of that money and give it to parents for the explicit purpose of private instruction, including religious instruction, to me clearly violates this section of the Utah State Constitution. It is a certainty that some parents will choose to send their children to private schools that are religious in nature, as is their right as parents. But when public monies are transfered to them to support those religious schools as part of the public education system, then we are effectively mixing church and state in a fiscal way. It is true that it is done in higher education (Pell grants and other federal and state monies are given to colleges and universities, but attendance at them is optional. Attendance at K-12 whether at home, in a public school, or some other accepted institution is mandatory - and parents can be sent to jail for failing to get their children a basic education). However, that is not the case in our public education system where all of us together have a responsibility to share in the education of all the children.

That is why I say I am not against school vouchers in concept. But I do not believe this law in its current form has addressed the consitutional issues that arise by the nature of providing public monies to religious institutions. There may be a way around this, but in its current form, I do not see how a court would not strike down the current voucher law should a lawsuit be brought against it. I would rather not see more of our taxpayer dollars have to defend against a law that is not completely "done" and ready to be served.

There are also issues of segregation that could be addressed on a philosophical basis for opposition to a school voucher system, but it may be possible to deal with this too. But first, I would like to see the constitutional issue resolved before getting into that discussion. Until then, I am not ready to support the current school voucher legislation that we have been asked to approve on the November ballot.