The Indiana Supreme Court heard oral arguments Wednesday morning in a challenge of the state’s voucher law. More than 9,000 students are participating in the two-year-old program, which allows students to attend private schools using state-funded vouchers. But nearly all of the 289 schools that accept vouchers are religious.
Indiana State Teachers Association Vice President Teresa Meredith and a group of parents and teachers filed suit against the state voucher law because they say providing state support to private, religious schools is unconstitutional.
The Indiana Constitution states money from the treasury should not be used for the benefit of any religious or theological institution. But Justice Mark S. Massa questioned how the Choice Scholarship Program was different than initiatives that allow students to use state grants and gifts at religious universities.
“You seem to have conceded that it’s perfectly fine for an Indiana high school graduate to use O’Bannon money or 21st Century Scholar money to go to Notre Dame, but his younger sister can’t use CSP money to go to St. Matthews.”
Lawyers for the state argue taxpayer dollars aren’t going directly to religious schools because parents still choose where to use the vouchers. Yet Justice Robert D. Rucker questioned why few of the state’s secular private schools were participating in the Choice Scholarship Program.
“But how do you respond to the question that this choice is really a false choice? If the only institutions that are available are 100% religious institutions, how can you say it’s not direct aid? I mean, as a practical matter.”
Outgoing State Superintendent Tony Bennett voiced his support for the program after the hearing, saying every child should be able to go to a school that meets their needs, regardless of their family’s income. Superintendent-elect Glenda Ritz is a plaintiff in the case but says she plans to withdraw so there won’t be a conflict of interest when she takes office in January.
