Unconstitutional in Utah, Unconstitutional in Ohio

April 22, 2025

Good Tuesday morning,

Last week, a judge in Utah ruled that the state’s private school voucher program “Utah Fits All,” was unconstitutional.

You can read about it here.

The judge found that the private school voucher program violated two sections of the Utah Constitution.

Article X states that the Utah legislature shall establish and maintain a public education system and a higher education system both free from “sectarian control.”

This is very similar to the fourth count in our lawsuit that cites Article VI, section 2, of the Ohio Constitution: The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the State; but, no religious or other sect, or sects, shall have any exclusive right to, or control of, any part of the school funds of this state.

The Utah judge also said the private school voucher program in the Beehive State violated Article XIII of the Utah Constitution governing how the legislature spends income tax dollars.

In Utah, families are using the vouchers to pay for homeschooling costs, private school tuition, and even violin and swim lessons.

The judge ruled while participating in Utah Fits All is free, it is not “open.”

“As required by the Utah Constitution, public schools must allow all resident students to enroll and may not discriminate against them,” the ruling states. “In stark contrast, every school participating in the Program has some form of an application process, which may include assessments, interviews, or tests to determine if the student is the right ‘fit.’”

The judge points out private schools aren’t required to serve students with disabilities and can deny admission based on factors like gender, religion or income.

This is our third count in our lawsuit. We believe EdChoice private school vouchers are unconstitutional because the private school operators, mostly religious schools, can and do use litmus tests to accept or deny admission to students and families, including race, religion, family income and disabilities to name just a few.

In Utah, the state argued the voucher program was outside the public education system and not subject to Article X, but the judge said the Legislature there does not have the authority to create an education system funded with tax dollars that “sidesteps” constitutional protections.

This is our first count. The Ohio Constitution is clear. The Ohio Legislature shall create a single system of common schools for the common good open to all students. The EdChoice private school voucher scheme creates a separate and unequal system of uncommon schools for the few and the privileged.

To make matters worse, the state is spending more than $1 billion a year using taxpayer dollars with zero financial or academic accountability.

We are not alone in our effort to stand up for public schools and public school children and families.

In state after state, citizen-driven coalitions like Vouchers Hurt Ohio have organized, and we are winning in the courts of law, the court of public opinion, and sometimes even with state legislatures and governors.

Is your district part of the lawsuit? Check here.

If not, why not? Learn how to join here.

Sincerely,

Vouchers Hurt Ohio