Voucher case reveals racial, religious themes

The 6-year-old case hinges on separation of church and state and could affect the new pre-K program.

By RON MATUS
Published June 7, 2005

TALLAHASSEE - The Florida Supreme Court heard arguments this morning over the constitutionality of the state's first school voucher program in a 6-year-old case that hinges on separation of church and state and could dramatically affect the state's new prekindergarten program.

While 1,500 supporters of vouchers gathered across the street, lawyers backed by political heavyweights tangled over the legality of opportunity scholarships, the program signed by Gov. Jeb Bush in 1999 that allows children from failing public schools to attend private schools at state expense.

Opponents, led by the state's teachers union, say vouchers drain money from public schools, and erode the 120-year-old old constitutional ban that keeps state money from flowing to religious institutions.

The language chosen by the framers of Florida's Constitution "reflects the recognition of the important value to society of the common school . . . where children from all walks of life learn together," said John West, the lead attorney for the plaintiffs.

The state, however, argued in court that vouchers improve public schools by injecting the system with a dose of free-market competition. It insists vouchers have a secular purpose.

"The opportunity scholarship program is in aid of Florida's children," said Florida Solicitor General Christopher Kise, one of three lawyers who argued the case for the state.

Justices interrupted the lawyers early and often during their argments, posing questions on nuances of two sections of the state constitution that are issue.

The questions suggested the court is sharply divided, though it was difficult to discern how individual justices might rule.

About 700 students participate in the voucher program, most of them black or Hispanic. But the Supreme Court's decision in coming months is likely to ripple far beyond them.

The opportunity scholarship program is the first and only statewide voucher program in the country and a key plank in Bush's education revamp. Voucher supporters around the country, including religious groups and conservative think tanks, have rallied to its defense.

Supporters argue that if the court rules against vouchers, other state programs will fall like dominos because they, too, channel state money to institutions with religious ties.

Among them: the state's two other voucher programs, including McKay scholarships for students with disabilities; the pre-kindergarten program, which leans heavily on religious providers; Medicaid funding to religious hospitals; and probation and rehabilitation programs runs by the Salvation Army.

The racial edge to the voucher debate was clear Tuesday.

Many of those attending the rally, organized by a host of minority groups, were black or Hispanic. Polls have shown strong supporters for vouchers among minorities.

"Opportunity, that's why I'm here," said Lucille Stromas, 69, of Pensacola, who is black.

Because seating in the courtroom was limited to 100 people, voucher supporters began lining up at 6 a.m. Stromas got up at 4 a.m. to make sure she got a seat.

[Last modified June 7, 2005, 11:18:02]