School Choice in the Dock

Tomorrow the Florida Supreme Court hears oral arguments in Bush v. Holmes, which involves the state's program of "Opportunity Scholarships" for students in failing public schools -- providing them scholarships to use at their choice of qualified private schools, secular or religious, or nearby public schools.  Lower courts struck down the program on the ground that including religious schools in it violated the so-called "Blaine Amendment" provision in Florida's Constitution.  The full set of briefs filed in the case (actually three consolidated cases) are here in PDF format (look for docket numbers SC04-2323, SC04-2324, and SC04-2325; most of the briefs overlap all three cases).  The Institute for Justice, a leader in defending school choice in constitutional litigation, has copies of briefs and comments on the case here.  Full disclosure:  co-blogger Rick Garnett and I filed an amicus brief (also available here) defending the Florida program, arguing that excluding otherwise qualified schools from a choice program simply because they are religious or "sectarian" would violate the First Amendment to the U.S.  Constitution.  This is an important case for the principles of (1) parental control over education and (2) governmental neutrality and fairness toward religion.

Tom B.