Indiana’s school voucher program does not violate the state constitution, a state court ruled January 13.
In 2011, the Indiana General Assembly created the Choice Scholarship Program. Qualifying families receive vouchers, which they may redeem at private schools, both secular and religious. A collection of taxpayers sued, alleging that the program violated three provisions of the Indiana constitution. The Marion County Circuit Court granted summary judgment to the defendants on all three claims.
The court first held that the program did not violate Article 8, Section 1 of the Indiana Constitution, which requires the state General Assembly to “encourage, by all suitable means, moral, intellectual, scientific and agricultural improvement” and to “provide, by law, for a general and uniform system of Common Schools.” The court reasoned that the imposition of this latter duty did not preclude the legislature from satisfying the first duty through means other than the public school system. FULL POST