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Brief: Vouchers violate Constitution twice

TALLAHASSEE - Florida's original school voucher law violates two provisions of the state Constitution, opponents told the Florida Supreme Court in a legal brief Monday.

The 1999 law breaks down the wall separating church and state and undermines the requirement that the state provide for the education of children with a public school system, the brief said.

The law, which was challenged in court the day after Gov. Jeb Bush signed it six years ago, lets students at failing public schools attend private and parochial schools at taxpayer expense.

Two trial judges and an appellate court have concluded the law is unconstitutional, but the state has been allowed to apply it during the court challenges. Nearly 700 children attend private schools under its provisions.

Florida's high court has not yet scheduled oral arguments but requested briefs. The state filed its brief in January. Several groups, ranging from the U.S. Department of Justice to the Florida Catholic Conference, have also filed briefs supporting the state.

The brief filed Monday was on behalf of a group of parents, teachers and organizations including the Florida Education Association, the Florida PTA, the NAACP and the League of Women Voters.

They argue that allowing some students to get a publicly funded education in a private school defeats a fundamental reason for creating a public school system. That argument is based on Article 9, Section 1 of the Constitution, which directs the state to provide for children's education with a system of free public schools.

But the brief devotes most of its argument to the question of the separation of church and state, mandated by Article 1, Section 3 of the Constitution.

More than half the voucher students attend religious schools; although the law specifies that students cannot be forced to pray or profess a religious belief.

[Last modified March 1, 2005, 01:10:14]