Vouchers Ruled Unconstitutional in Ohio

July 1, 2025

Good Tuesday morning,

Franklin County Judge Jaiza Page ruled last week that Ohio’s EdChoice private school voucher program is unconstitutional.

This is a huge win for public school students, parents, educators and taxpayers.

Judge Page agreed with our lawsuit on three counts.

First, the Ohio Constitution states lawmakers shall create a single system of common schools for the common good open to all children in Ohio.

Vouchers are unconstitutional because they create a separate and unequal system of uncommon schools that are not open to all students, but instead are only available to primarily wealthy religious students.

Secondly, vouchers are unconstitutional because they are hurting public schools and public school children by taking tax dollars from public schools to provide refunds and rebate to wealthy families whose children were already enrolled in private, mostly religious schools.

Vouchers are unconstitutional because they divert more than $1 billion a year in state tax dollars from public schools, increasing the reliance on local property taxes. This is hurting our students, parents, educators, taxpayers and communities.

The $1 billion boondoggle in tax dollars for private school vouchers comes from the same line-item in the two-year state budget that pays for public schools so a dollar more for vouchers is a dollar less available for public schools.

Third, the Ohio Constitution states…“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.”

Vouchers are unconstitutional because more than 90 percent of the private schools receiving vouchers paid with tax dollars are religious. It’s right there in black and white in the Ohio Constitution.

The ruling forced the pro-voucher crowd out of the woodwork, but their spokespeople are desperate because, like the clothes-challenged emperor, they have no defense.

It’s impossible to defend a scheme sold as a way to give poor families a choice that in reality gives refunds and rebates to wealthy families whose children were already enrolled in private schools. Les Wexner is eligible for a voucher. Public school students are shortchanged.

It’s impossible to defend a scheme as choice when, as Judge Page notes in her ruling, the private school operators hold all the power.

Private schools take tax dollars with zero financial or academic accountability and then use race, religion, family income, disabilities as reasons to open or slam their doors shut against children.

The Ohio Attorney General, carrying water for the pro-voucher crowd, will appeal and we expect the pro-voucher front groups, bought and paid for by billionaires like Betsy DeVos and the Koch Family, will continue to intervene.

Vouchers are unconstitutional.

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

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

Sincerely,

Vouchers Hurt Ohio