Utah’s School Voucher Law Declared Unconstitutional; Idaho’s Law Faces Similar Challenges
April 26, 2025
A recent court ruling has declared Utah’s school voucher law unconstitutional, citing violations of the state’s constitution. This decision has raised concerns about the legality of similar legislation in Idaho, where the constitution explicitly prohibits the use of public funds for religious education.
In Utah, the court found that the voucher program, which allocated taxpayer money to private and religious schools, conflicted with the state’s constitutional mandate to establish and maintain a uniform and thorough system of public education. The ruling emphasized that diverting public funds to private institutions undermines the constitutional obligation to adequately fund public education.
Idaho’s constitution contains a similar provision, known as the Blaine Amendment, which prohibits the use of public funds to support religious schools. Article IX, Section 5 states:
"Neither the legislature nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian or religious society, or for any sectarian or religious purpose, or to help support or sustain any school, academy, seminary, college, university… controlled by any church, sectarian or religious denomination whatsoever." (edchoice.org)
Despite this constitutional barrier, Idaho lawmakers have recently passed House Bill 93, which allocates $50 million for $5,000 grants to students attending private schools, with higher amounts for students with disabilities. Governor Brad Little signed the bill into law, stating, "Idaho can have it all – strong public schools AND education freedom." (spokesman.com)
Legal experts and former state officials have expressed concerns that this legislation may violate Idaho’s Blaine Amendment. Jim Jones, a former Idaho Supreme Court justice and attorney general, argued that such programs would "necessarily result in subsidization of religious schooling, in direct violation of our Constitution." (idahoednews.org)
The recent developments in Utah and Idaho highlight the ongoing legal and constitutional debates surrounding school voucher programs and the use of public funds for private education. As these issues continue to evolve, stakeholders in both states are closely monitoring potential legal challenges that may arise.
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