19-04-2025
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.
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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 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
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