Judge finds ‘Utah Fits All' scholarship unconstitutional, legislature to review options
SALT LAKE CITY (ABC4) — Utah's Third District Court has found the 'Utah Fits All' scholarship program to be unconstitutional, in a ruling from the court earlier today.
The suit, brought by the Utah Education Association, originally claimed that the scholarship program was unconstitutional because the program used funds from Utah's income tax, which is earmarked exclusively for public education funding.
It further claimed that the Utah Constitution guarantees that all children will be included in public education, and that the school voucher program did not do this.
PREVIOUS: UEA files lawsuit against controversial school voucher program, claims it's unconstitutional
The court agreed with both points, saying, 'The legislature does not have plenary authority to circumvent these constitutional requirements by simply declining to 'designate' the program as part of the public education system. And because there is no genuine dispute that the program fails to meet these 'open to all children' and 'free' requirements, it is unconstitutional under article X of the Utah Constitutional.'
'In reaching this conclusion, the court makes no judgement as to the value of 'school choice' or private school vouchers,' The ruling continues. 'But 'school choice' or vouchers for children without disabilities was never discuss, much less debated, in connection with the legislatures passage of Amendment G. And, more importantly, the voters were never informed that Amendment G was about 'school choice' or vouchers for children without disabilities.'
In a statement to ABC4.com, UEA Communications Director Hailey Higgins said, 'The Utah Education Association celebrates today's court ruling deeming the Utah Fits All voucher program unconstitutional. This is a significant victory for public education and a reaffirmation that public money belongs in public schools.'
Rep. Candice Pierucci (R-South Jordan), the original sponsor of the Utah Fits All program, called the decision made by Judge Laura S. Scott 'judicial activism,' and says she is not done fighting.
'This past year, thousands of families have had access to the Utah Fits All Scholarship Program to customize their child's learning experience,' Pierucci's statement reads. 'The decision made by Judge Scott is judicial activism; it is not the job of judiciary to set policy on the bench and infuse personal opinion and ideology into their decisions. We are not done fighting this fight and will appeal this decision to the Utah Supreme Court.'
Utah legislative leadership and Governor began to weigh in after the ruling was rendered. Senate President J. Stuart Adams saying in a statement, 'It is disappointing that the court would remove parents' ability to choose the best educational path for their children. However, we remain unwavering in our commitment to providing the best education for all Utah families and kids. We will carefully review the court's decision and then determine the next steps.'
Speaker Mike Schultz shared similar sentiments calling the decision a 'devastating setback' for Utahns.
'This decision is a devastating setback for Utah families,' Schultz began. 'The Utah Fits All Scholarship isn't just about choice; it's about empowering parents to secure the best possible learning environments for their children's future success. We're unwavering in our commitment to ensuring that every Utah student, irrespective of zip code or income, has equal access to the educational opportunities they rightfully deserve. We will vigorously pursue every avenue, including the Utah Supreme Court, to overturn this decision and restore hope for Utah's students and families.'
In a statement on X, formerly known as Twitter, Governor Cox expressed disappointment in the decision, saying that Utah Families had a right to make choices about their children's education, and said they will be reviewing ruling with legal staff.
'While we are disappointed in the court's decision, our commitment to Utah families and their right to make choices about their children's education remains unchanged,' Cox said. 'We will be reviewing the ruling without attorneys and preparing to appeal.'
At this time, details are limited on what an appeal would look like. A status conference is scheduled for the decision on April 23. It is also currently unknown how the decision will affect ongoing voucher payments to current recipients.
This is a developing story. ABC4 will update this post as new information becomes available.
Judge finds 'Utah Fits All' scholarship unconstitutional, legislature to review options
Appeals court halts Boasberg's contempt proceedings against Trump administration
Meet 'Safety Stache': UFA shares fire safety messages with a touch of humor
Clearer skies arriving this weekend
Utahn recalls largest Good Friday earthquake, the largest in U.S. history
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
5 hours ago
- Yahoo
Highland approves golf carts on 25 mph city roads
HIGHLAND, Utah (ABC4) — Golf carts are now conditionally allowed on Highland streets after the city council voted on an ordinance Tuesday. Four out of five councilmembers voted in favor of allowing golf carts on 25 mph roads in Highland, with Councilmember Scott Smith objecting due to safety concerns. The ordinance passed with a few restrictions, namely that golf carts are only allowed on city roads with speed limits of 25 mph and under, drivers must be at least 18 years of age, and no driving after dark. Utah House Majority leader resigns to take new role in Governor's Office The council also added penalties for cart owners who allow minors to drive a golf cart on city roads. Penalties would also be given to those who drive under the influence. The council's debate was between personal liberty and safety, with concerns centered around children on laps and speeding vehicles on the same roads as carts. 'The problem is we have neighborhood after neighborhood come in here complain about speeding, so no one follows the 25 mph,' Smith said. 'I just think we've got to be really careful because they're going to be competing at a lower rate with cars that are going 25 plus … So what street is really safe is my question.' Councilmembers in favor of the ordinance argued that this is 'a desire of our residents,' with many community members expressing interest in driving golf carts to visit neighbors or go to church and parks. WATCH: Bodycam footage released after over 150 dogs rescued from Ogden home 'Why are we restricting things when we don't have to restrict them?' Councilmember Ron Campbell said in his argument for the ordinance. 'We all have a right to risk, we all have a right for liberty, and golf carts are a part of the community that has come forward and said we would like this.' Smith, who is a physician, said he is 'very concerned' about safety issues and isn't against liberty just because he thinks this is an 'act of foolishness.' Ultimately, Smith said he would support what the majority votes for. The council decided to pass the ordinance and look at it after some time to see if changes needed to be made to the regulations. Highland is now the sixth Utah community to allow golf carts on city roads. Baby fox rescued after falling into irrigation drain in Farmington Keeping hydration delicious and effective Utah couple flown to hospital after semi-truck crashes through Wellington home CBO: House GOP plan exceeds $880B savings target Trump signs executive order aimed at slashing prescription drug costs Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
17 hours ago
- Yahoo
Wyoming state senator proposes eliminating property taxes
CHEYENNE, Wyoming () — It's been a busy week for the . They spent hours listening to dozens of testimonies from county assessors to homeowners alike; many addressed the confusion and issues surrounding existing property tax laws, including three newly implemented tax breaks. During one of the meetings, Sen. Bob Ide (R-Casper) proposed getting rid of property taxes altogether. 'It's not fair. It's the wrong system,' Sen. Ide said while discussing the hidden costs Americans pay for lawmakers' decisions in Washington D.C. However, that isn't the only system he said needs to see change. 'We've got caps, we've got refunds, we've got sunsets, we've got primary residences, we've got minimum eight months, we've got camas system, we've got business and personal property, we've got pollution control, we've got fire control exemptions,' stated Ide to highlight the complexities of the Wyoming property tax system. 'For the common person to understand what their property taxes are you'd have to hire teachers to bring them in there,' Ide added. Brigham City Peach Days vendors now free to sell beverages, Coca-Cola partnership is ended For Crook County Assessor Dan Thomas, confusion surrounding property taxes is all too common. He told ABC4 that one of the biggest things that needs to happen is the dissemination of information to property owners 'to understand the entire process and understand that they're not singled out, and how everybody else has the same valuation method.' Part of the confusion likely comes from the different types of tax breaks. Three of those are new this year. One of the new laws provides a tax break on single-family homes based on their fair market value of up to one million dollars. Another gives a tax break to people over 65 who've paid tax in Wyoming for at least 25 years. However, it expires in 2025. The third caps year-to-year residential property tax increases at . This is in conjunction with a law that went into effect last year capping property tax increases at four percent for residences. All three of the laws have additional requirements not listed in this article. During one of the committee meetings, Sen. Ide offered a solution. He proposed to draft a bill 'to eliminate, repeal, section 15' of the Wyoming Constitution in order to get rid of property taxes. 'It should be up to the legislature to look at a consumption tax, a sales tax,' He added. 'It's the only way we're going to muck out all of this layered minutia of property tax.' Meals on Wheels needs volunteers to help feed Davis County seniors Sen. Ide's proposal passed the committee. However, not all legislatures voted in favor. 'Consumption taxes are regressive,' stated Sen. Case Cale R-Lander. 'They hit poor people harder because they spend more of their income.' Cale suggested studying the effects of implementing a consumption tax before drafting a bill to amend the constitution. 'Property taxes have been a basis of local government taxation for well more than 100 years,' he added. 'They have their wrinkles, but we've done a pretty good job at implementing them.' Regardless of what direction lawmakers decide to go regarding property taxes, making any changes to the tax code is far from an easy task. 'When it comes to tax reformation there's always some question as to why or how we are going to end up with a fair and equitable system to keep taxation equal and equitable throughout the whole state,' explained Thomas. Thomas told ABC4 that those who are confused about their property taxes can reach out to their county assessor. He said the assessor can help explain and break down the tax laws that are already in place. Chrysler at 100: Plans for a bold comeback Wyoming state senator proposes eliminating property taxes More heavy rain, rumbles for southern & central Utah Thursday evening MAP: Boil water advisory issued for some WaterPro customers in Draper Dillon Jones enjoying ride to the NBA Finals Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
3 days ago
- Yahoo
Glen Canyon off-road and all-terrain vehicle access restored by Trump, Utah lawmakers
WASHINGTON (ABC4) — President Trump signed a law today which overturns a rule that banned the use of certain vehicles in Glen Canyon National Recreation Area. A Congressional Review Act (CRA) to overturn a National Park Service rule which prohibited the use of off-road vehicles (ORVs) and all-terrain vehicles (ATVs) on 24 miles of park roads in Glen Canyon National Recreation Area was introduced by three of Utah's elected officials: Representative Celeste Maloy (UT-02), Senator John Curtis (R-UT), and Senator Mike Lee (R-UT). PREVIOUSLY: Rule banning off road vehicles in Glen Canyon National Recreation Area overturned Today, that resolution was signed into law by President Trump, reversing the rule set in place by the National Park Service on February 12th. The original rule restricted the use of ORVs and street-legal ATVs on 24 miles of park roads in the Glen Canyon National Recreation Area. The route includes an 8-mile segment of the Poison Spring Loop and access roads to Lake Powell. Its intention was to protect the environment and visitor experience in the park, but many Utahns were not pleased with it, according to Rep. Maloy. House blocks rule limiting off-road vehicle usage in Glen Canyon 'When Utahns found out that the Glen Canyon National Recreation Area's Travel Management Plan included nonsensical restrictions on motorized access, they reached out for help,' Rep. Maloy said in a press release. Rep. Maloy filed a resolution under the CRA which allows Congress to overturn agency rules with a majority vote in both chambers and within 60 legislative days of the rule being submitted to Congress. It also prohibits the agency from issuing a new rule that is 'substantially the same' as the disapproved rule unless authorized by subsequent legislation. 'We took legislative action and, through this CRA, reversed a rule pushed through by the previous administration,' Rep. Maloy added. 'Utahns shouldn't be shut out of decisions that affect their own backyard. Now we can continue to recreate in the National Recreation Area. Thank you to our Senators for working with me to get this done for Utah.' PBS program Antiques Roadshow films at Red Butte Garden in Salt Lake City Glen Canyon off-road and all-terrain vehicle access restored by Trump, Utah lawmakers 'They stripped her of her humanity': Former nurse dies in assisted living facility after being left unattended for 6 hours Budweiser Clydesdales make appearance with Folds of Honor at Lagoon Park Provo man charged with threat of terrorism after allegedly threatening to blow up Missionary Training Center Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
