Around the states

Florida Supreme Court Sidesteps School Voucher Case

The Florida Supreme Court has declined to weigh in on one aspect of the controversy surrounding the state's school voucher law, temporarily handing voucher supporters a procedural victory.

The justices voted 4-1 on April 24 not to hear an appeal of a lawsuit against the voucher plan based on the claim that it violates Article IX, Sec. of the Florida Constitution. That provision declares that the maintenance of an "efficient, safe, secure and high quality system of free public schools" is "a paramount duty of the state."

A coalition of groups including Americans United, the Florida Education Association, the NAACP and the Florida PTA challenged vouchers shortly after they became law in 1999. In March 2000, State Judge L. Ralph Smith Jr. agreed with AU and the other groups and struck down the plan. However, Smith's ruling was overturned by a state appellate court last October.

The Florida Supreme Court's inaction on Holmes v. Bush does not end the controversy. Instead, the case will return to the district court, which will now determine if the plan violates church-state separation and state constitutional provisions that require public education to be uniform and of high quality.

"[The ruling] is a setback," said Ron Meyer, a lawyer representing voucher opponents. "It's not a fatal blow."

Florida's voucher system, the first statewide program passed in the nation, was the centerpiece of Gov. Jeb Bush's education program. The plan funds $4,000 vouchers for students at public schools deemed "failing."

Religious Right Opposes Anti-Bullying Measure In Oregon

Legislation designed to curb bullying in Washington's public schools stalled after Religious Right activists charged that the bill was designed to promote gay rights.

The bill would have required public school districts to create policies against harassment, bullying and intimidation and would have mandated that school employees and volunteers receive training in bullying prevention.

According to a report in the Seattle Post-Intelligencer, Religious Right activists successfully lobbied against the measure, insisting that it would block the right of students to condemn homosexuality.

"It looked like it could be [used against] people who might speak out against behavior," said Rick Forcier, director of the Christian Coalition of Washington. "We don't want to see kids beat up on, and we would like to see the rules that are already in place enforced. But I think this one went well beyond what we think is necessary."

Supporters of the measure believe 'those concerns were unfounded. "We tried to take every red flag out of that bill that we could that would make conservatives think that," Sen. Rosemary McAuliffe (D-Bothell) told the Post-Intelligencer. "We [wrote] it so it did not protect any group, it protected all kids."

The bill passed the State Senate by a 36-24 tally but never reached the House floor for a vote. Rep. Dave Quall (D-Mount Vernon) pushed the measure as co-chairman of the House Education Committee but couldn't get a vote without his GOP counterpart's approval.

The bill received support from Gov. Gary Locke (D), Attorney General Christine Gregoire, state-police groups, the Washington Parent-Teacher Association and the Washington Education Association.

Alabama Legislature Considers Too Commandments

If Alabama State Rep. Ken Guin (D-Cardon Hill) is successful, an amendment to the state Constitution to permit postings of the Ten Commandments in public schools and government buildings is about to get a lot worse.

The Alabama lawmaker has launched a crusade to greatly expand the proposed amendment, which he says doesn't go "far enough." Many believe Guin's effort is part of a clever scheme to defeat the Ten Commandments measure.

According to a report in the Birmingham News, Guin's proposal would not only allow the Commandments to be posted in schools, but also authorize state employees to "meet, pray and read holy scriptures" in the work place and post religious writings, paintings and symbols in common spaces in all of the state's public buildings. The proposal passed the House Elections Committee, which Guin chairs, by a 10-3 vote in May.

Guin readily admits that his proposal is unconstitutional but said he's "tired of the legislature being lukewarm." In fact, he argues that if his colleagues were serious about promoting religion, they would follow his lead.

"We're passing something that is unconstitutional," Guin said. "If we're going to do that, we may as well put it all out there." He added that the legislature should also authorize public buildings to post biblical proverbs, the teachings of Jesus and the Golden Rule.

Supporters of government endorsement of the Ten Commandments suspect Guin's amendment is part of a ruse. Dean Young, executive director of the Alabama Family Association and a long-time advocate of government support for the Decalogue, believes Guin's measure represents "a stunt to slow down or kill" the proposal.