5 Reasons EdChoice Vouchers Are Unconstitutional

May 6, 2025

Good Tuesday morning,

In late April, Franklin County Judge Jaiza Page set aside three days in her courtroom to entertain motions from attorneys representing the defendants in our lawsuit challenging the constitutionality of the EdChoice private school voucher program.

The pro-voucher crowd has deep pockets, including the state of Ohio that is willing to spend countless tax dollars to defend what we believe is the indefensible.

Also, outside groups funded by anti-public school billionaires like Koch Industries and Betsy DeVos, had well-heeled, expensive lawyers on hand to try to convince Judge Page that Vouchers Hurt Ohio didn’t have a case worth trying.

But our attorneys made great points and answered all questions posed and we are confident that Judge Page will rule that a trial is merited and set a court date soon.

We are suing EdChoice on five counts.

Count 1 is the Ohio Constitution is clear that the legislature shall create a single system of common schools for the common good, and private school vouchers create a separate system of unequal and uncommon schools that benefit the wealthy with zero financial or academic accountability for the private school operators. That’s unconstitutional.

Count 2 relates to the unconstitutional school funding formula in Ohio. The Cupp Patterson Fair School Funding plan would have fully funded public schools, but that plan has been scrapped and deemed “unsustainable,” and a “fantasy.”

Here’s the deal. The funding for private school vouchers comes from the exact same line item in the state budget that pays for public schools so a dollar more for EdChoice is a dollar less available, literally, for public schools.

When the state shortchanges public schools, local school boards must go to voters to make up the difference with levies, and the Ohio Supreme Court ruled four times that a funding system over-reliant on local property taxes is unconstitutional.

Count 3 puts a spotlight on the sad fact that vouchers increase segregation in our public schools. Private schools pick and choose who gets in and who is left behind, and family income is becoming a critical component in the private school voucher scheme.

With the introduction of universal vouchers where everyone, regardless of income, is eligible, private school operators have raised tuition to capture the full voucher and also charge families tuition. Poor families cannot afford the extra tuition and are being left behind ironically in a system that was initially sold as a way to give them a choice.

Private school operators have the real power of choice. They choose their students based on income, race, religion, athletic or academic ability, disabilities, etc. We believe this is unconstitutional.

Count 4 quotes the Ohio Constitution because it is plain as day that our framers did not want public tax dollars going to private, religious schools. “No religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.”

Could it be any clearer? Yet, more than 90 percent of the private schools taking in hundreds of millions of tax dollars are religious.

Count 5 speaks to the idea that we are all equal under the Ohio Constitution, and private school vouchers grant special privileges to a special class of people in our state. We believe that’s unconstitutional.

Is your district part of our historic lawsuit? Check here.

If not, why not? Join here.

Sincerely,

Vouchers Hurt Ohio