Blog from the Capital

A panel of the Arizona State Court of Appeals declared the state's 2-year-old school voucher initiative illegal yesterday. The program, for foster and disabled children, has been described as a test effort leading to a more sweeping, statewide voucher program for all students. The Arizona Daily Star reports on the unanimous decision, which did not find the vouchers were improperly funding religious exercise, but did find it to violate the state's clear no-aid provision (which reads "No tax shall be laid or appropriation of public money made in aid of any church, or private or sectarian school, or any public service corporation."):

Judge Garye Vasquez acknowledged that the Legislature generally sets the policy of the state. But he said their ability to do that is limited.

"Only by ignoring the plain text of the Arizona Constitution prohibiting state aid to private schools could we find the aid represented by the payment of tuition fees to such schools in this case constitutional,” he wrote for the court.

And Vasquez said if lawmakers want such a program they are free to propose a constitutional amendment and see if voters will adopt it.

In a footnote, Judge Vasquez remarks that the no-aid provision at issue is not identical to controversial "Blaine Amendments", because it outlaws funds for both secular and religious private schools. "in any event," he notes, "none of the parties has produced
any authority suggesting we may disregard constitutional provisions merely because we suspect they may have been tainted by questionable motives." You can read the opinion (pdf) here.

The Associated Press report is here. People For the American Way, which helped bring the suit has a press release here.