Indiana Decision Could Impact OK Scholarship Fight
Hoosier State decision could influence Oklahoma special needs scholarship litigation
Patrick B. McGuigan
27-Mar-2013
OKLAHOMA CITY – In an historic 5-0 decision, the Indiana state Supreme Court has upheld a state program that benefits families who send their children to private schools. The legal reasoning could carry broad implications for the special needs scholarship program under challenge in Oklahoma.
The case originated during former Gov. Mitch Daniels’ term in office, but now bears the name of his successor, Mike Pence. In Meredith v. Pence, the Court ruled, in the crucial final analysis of a 21-page controlling opinion:
“(W)e separately and independently find as to each of the two issues that the school voucher program does not contravene Section 6 [the underlying constitutional provision].
“First, the voucher program expenditures do not directly benefit religious schools but rather directly benefit lower-income families with school-children by providing an opportunity for such children to attend non-public schools if desired.
“Second, the prohibition against government expenditures to benefit religious or theological institutions does not apply to institutions and programs providing primary and secondary education. Summary judgment for the defendants was thus proper as to the plaintiffs’ … claims.”