Judge: voucher, religious freedom proposals OK
Proposed constitutional amendments expanding religious freedom will remain on Florida’s Nov. 4 ballot, but opponents plan to appeal.
Published: 08.05.08
TALLAHASSEE | A Tallahassee circuit court judge ruled Aug. 4 that a state commission did not exceed its constitutional authority by placing on November’s ballot two proposed constitutional amendments that expand religious freedom.
The first, Amendment 7, would remove anti–religious language that was placed in Florida’s constitution more than 100 years ago. The second proposal, Amendment 9, will require school districts to spend a minimum of 65 percent of their funds in the classroom, while removing a constitutional obstacle to programs that allow students to attend private and parochial schools at the state’s expense.
Leon County Circuit Judge John C. Cooper ruled that the Taxation and Budget Reform Commission stayed within its mandate by approving the two amendments.
“We are pleased with the judge’s ruling,” said Michele Taylor, spokeswoman for the Florida Catholic Conference, the public policy voice of the Florida bishops. “It’s an important step toward protecting health, education and social service programs provided by the church and other faith–based organizations.”
The Taxation and Budget Reform Commission, a group created by a 1988 amendment to Florida’s Constitution, meets every 20 years to review Florida’s methods of raising and spending money. The commission is empowered to place proposed constitutional amendments directly on the ballot without the approval of the Legislature or automatic review by the Supreme Court.
Opponents of Amendments 7 and 9, including the Florida Education Association, the Florida Association of School Administrators and the Florida Association of District School Superintendents, filed the lawsuit and have vowed to appeal Judge Cooper’s decision to the Florida Supreme Court.
Defending the amendments were members of the commission and a group of religious organizations, including the Florida Catholic Conference.
If approved by 60 percent of the electorate, the two amendments will remove constitutional issues cited by two different courts to strike down the Opportunity Scholarship program, which let students in failing public schools transfer to other public, private or parochial schools. The state picked up the tab for the students’ tuition.
In striking down the Opportunity Scholarship Program, the First District Court of Appeals relied on Article I, Section 3 of Florida’s Constitution, the so–called Blaine Amendment, which prohibits the use of state money to supply direct or indirect aid to religious institutions. Some legal scholars worried that the appeals court’s broad reading of the Blaine Amendment could be used to shut down a number of other programs that provide state–funded services through religious organizations, such as Catholic hospitals that treat Medicaid patients.
The decision was appealed to the Supreme Court, which ignored the Blaine Amendment rationale of the appeals court and turned to Article XI, Section 1a’s guarantee of a uniform system of free public schools. The justices ruled that a uniform system of public schools could not include sending public–school students to private schools at state expense.
Amendment 7 would remove the Blaine Amendment from the constitution.
Amendment 9 would amend the constitution to remove the obstacle raised by the Supreme Court in its interpretation of uniformity in free public education.
Return To Top | Return To Election 2008 Web Special Archive | Florida Catholic Home Page