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<P>Court rules religious school voucher law
unconstitutional</P></FONT></FONT></SPAN>
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<P><SPAN class=cnnStoryTime><FONT size=1>Monday, August 16, 2004 Posted: 2:27 PM
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<P><B style="FONT-SIZE: 14px">TALLAHASSEE, Florida (AP) -- A Florida law that
allows students at failing public schools to attend private religious schools at
taxpayers' expense is unconstitutional, a state appeals court ruled
Monday.</B></P>
<P>The 2-1 decision by the 1st District Court of Appeal upholds a ruling by a
trial judge saying the state constitution forbids the use of tax money to send
youngsters to religious schools.</P>
<P>"Courts do not have the authority to ignore the clear language of the
Constitution, even for a popular program with a worthy purpose," Judge William
Van Nortwick wrote in the decision.</P>
<P>Education Commissioner Jim Horne called the ruling unfortunate and said it
would be appealed to the state Supreme Court. The law has been enforced as the
case makes its way through the courts.</P>
<P>Attorney Barry Richard, who represented the state, said the ruling did not
address the state's main argument -- that the law is neutral to religion and if
found unconstitutional would violate the "free exercise" of religion promise in
the U.S. Constitution.</P>
<P>Ron Meyer, a lawyer for opponents of the law, said the decision was
comprehensive and makes it easy for the state Supreme Court to reach a similar
finding.</P>
<P>Under the 1999 law -- the centerpiece of Gov. Jeb Bush's education policies
-- students attending public schools that earn failing grades two years out of
four are eligible for vouchers to private schools, including religious
schools.</P>
<P>Voucher opponents, including the state teacher's union, the Florida PTA and
the National Association for the Advancement of Colored People, challenged the
law in court the day after Bush signed it in 1999.</P>
<P>In 2002, the U.S. Supreme Court swept aside a major hurdle to voucher
programs, ruling such uses of tax dollars do not violate the separation of
church and state required by the U.S. Constitution.</P>
<P>Still, the judge in the lower court ruling said the voucher program violates
Florida's constitution, which bans the use of tax dollars on religious
schools.</P>
<P>About 600 students in a handful of Florida counties attended private schools
on vouchers last year. Voucher students there may be taught religion, but may
not be forced to pray, worship or profess a religious belief.</P><BR
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