Florida Court Strikes Down Vouchers Just Before School Starts
Bush signs Born Alive Protection Act, a father tries to save his unborn child from abortion, the latest news on the Pakistan school attack, and other stories from around the world
Florida judge says vouchers violate state constitution The Supreme Court may have ruled that there's no prohibition in the U.S. Constitution barring publicly funded vouchers for private and religious schools, but 47 state constitutions have "Blaine amendments" that explicitly ban funds for religious schools. There have been some recent victories over these Blaine amendments—see the recent Washington state case on state education scholarships—but for the most part they are the biggest obstacle to widespread use of school vouchers.
Yesterday, Florida Circuit Judge P. Kevin Davey ruled that the state's voucher programviolated the state's constitution, which reads, "No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution."
"While this court recognizes and empathizes with the … purpose of this legislation—to enhance the educational opportunity of children caught in the snare of substandard schools—such a purpose does not grant this court authority to abandon the clear mandate of the people as enunciated in the constitution," Davey wrote. "The language is clear and unambiguous. 'There is scant room for interpretation or parsing."
Florida Gov. Jeb Bush, who called the 1999 voucher law one of his proudest achievements in office, says the state will appeal the decision. "Today's ruling puts in jeopardy the education of hundreds of children in Florida," he said. "It is my hope that those children will be able to continue to attend the schools their parents have chosen. … It's not fair to the parents who make these decisions. They think it's the best choice for their children, and then to have that yanked out." About 9,000 students were eligible to use the vouchers this school year, which begins next Tuesday—659 of the students' parents had applied for the vouchers.
Meanwhile, reports the Associated Press, as many as 20 state legislatures are considering voucher bills this term. "I think it's unlikely that there's going to be some revolutionary, overnight change, but I see definite momentum in the direction of greater choice," says the pro-voucher Institute for Justice lawyer Clark Neily.
Ex-boyfriend loses bid to halt an abortion | A Pennsylvania judge allowed a woman on Monday to end her pregnancy after a week's delay during which he had considered her ex-boyfriend's objections (The New York Times)
Earlier: Man wins injunction on woman's abortion | A judge has barred a woman temporarily from aborting her pregnancy, prompting protest from pro-choice groups and applause from pro-life advocates and fathers' rights organizations (The Washington Times)
Australia's Prime Minister, lead researcher clash in fetus row | John Howard has declared that his proposed laws on embryonic research do not involve the use of material from aborted human fetuses, putting him at odds with Australia's leading proponent of stem-cell research for the second time in five days (The Australian)
Earlier: Abortions set to fuel stem cell research | Tissue from aborted human fetuses will be used in the culture of embryonic stem cells for the first time in Australia if the creation of new stem-cell lines is approved, the country's leading scientist in the field has revealed (The Sydney Morning Herald)
More life ethics:
Abortion issue turns congressional race ugly | In the national fight for control of Congress, the Upton-Shugars race means nothing. Still, the contest is important for what it says about the importance of the abortion issue in southwest Michigan, known as the state's Bible Belt, and the influence of evangelical Christians on the election process. (The Detroit News)
Martyred in silence | The killing yesterday of six people at a Christian school in Pakistan is a reminder of the acute difficulties faced by Christian minorities in many parts of the Islamic world (Editorial, The Daily Telegraph, London)
Gunmen kill 6 at a Christian school in Pakistan | Four men shot their way into a boarding school for the children of Christian missionaries on Monday, gunning down six Pakistanis (The New York Times)
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