INDIANAPOLIS – An Indianapolis judge ruled in favor of the state’s new state-paid voucher program Monday, dealing a severe blow to litigation aimed at halting the contentious law.
Marion Superior Judge Michael Keele said the “plaintiffs have failed to demonstrate any likelihood of success on the merits” in ruling against a preliminary injunction to stop the program.
Legislators passed the voucher law this year, allowing students to take state taxpayer dollars to private, faith-based schools.
It is the most expansive program in the country because its income guidelines are wide and students from all schools – not just failing schools – are eligible.
“I appreciate Judge Keele’s sound reasoning and recognition of the legislature’s education prerogatives in denying the plaintiffs’ request to enjoin the education choice scholarship program,” House Speaker Brian Bosma, R-Indianapolis, said. “The General Assembly is constitutionally empowered to promote education by ‘all suitable means’ and the current preliminary ruling supports the choice of thousands of families to select the education option that is best for their child. As this matter progresses, I remain confident that the choice scholarship program is on sound constitutional footing.”
The Indiana State Teachers Association and a host of plaintiffs filed suit against the program in early July. They claim it will drain resources from public schools and that tax money should not be used to support religious education.
The U.S. Supreme Court ruled in 2002 that state vouchers for parochial schools do not violate the U.S. Constitution. But the ISTA lawsuit is based on the Indiana Constitution, which has different language.
So far, about 2,800 children have received the state-paid scholarships to pay for private school tuition.
“Today’s ruling is a victory for Hoosier students and families currently utilizing the choice scholarship program. While lawsuits challenging the exercise of state and federal government authority are not unexpected, the court’s ruling indicates there is not an immediate need to halt the program and disrupt the start of the school year for these students,” said Attorney General Greg Zoeller.
“My office will continue to defend this new statute the Legislature passed in any future court proceedings.”
Judge Keele specifically found that Indiana’s program was enacted for the benefit of Hoosier children – not the religious schools.
He also said that the lawsuit also put in jeopardy Indiana’s long-standing policy of giving state scholarship money to students going to Indiana’s private colleges and universities.
ISTA officials had not issued a statement or returned calls seeking comment late Monday evening.
