Davis County Clipper Party Lines: Both sides dig in over voucher debate

By Richard Watson

Last week, Mark Shurtleff, Utah Attorney General, offered his own legal opinion on the proposed referendum for citizens to vote on the private school voucher program. According to Mr. Shurtleff, even if Utah voters choose not to support vouchers, the voucher program may stand on its own. What Mr. Shurtleff is referring to is another bill, HB174 which is an amendment bill to HB148. In his opinion, HB174 would keep the voucher program intact, even if voters reject the voucher program as stated in HB148. In spite of that, Shurtleff is saying that there is nothing we can do and that the petition drive might be a waste of time. In other words, the top elected Utah Republicans could care less what the people of Utah want.

Shurtleff also commented that there may be some constitutional questions over the legitimacy of the voucher program. Even with legal questions, according to our Attorney General, HB174 adjusts the previously passed voucher bill with “sensible” amendments along with “mitigation monies” which would help the voucher program to continue.

Fortunately, other legal opinions are in favor of the “people”. A former Utah Supreme Court Chief Justice, Michael Zimmerman, cites that the Utah Constitution forbids using public funds for religious education. Other attorneys also agree with Zimmerman and believe the voucher program will more than likely be defeated in the courts. What’s more, the Florida Supreme Court struck down their voucher program for the same constitutional reasons.

But regardless of what the legal questions are surrounding vouchers, a more important question needs to be addressed. What about the will of the people? Over the years, so many polls have shown that Utahns are against private school vouchers. Yet, our elected leaders and Republican controlled legislature are comfortable in ignoring what the citizens want. Instead of “We the People”, Republican lawmakers believe that they “Are The People”. If our elected leaders feel that they represent Utah and they feel that vouchers are justifiable, then why are they worried about a referendum?

Yet, in the past few weeks, Parents For Choice (PCE) has sent letters to their Republican “friends” and urging all good Republicans to not sign the petition. Using their usual “evil liberal” vocabulary, they are implying that the “liberal” petition supporters are trying to overturn a law passed by the Republican-led legislature. The letter also states that the “liberal education unions” are trying to force their “liberal” agendas on our children. As I read the letter, sent out by Doug Holmes, PCE Chairman, I could not help but chuckle over his choice of words. Since when did underpaid teachers (“unions”) have a monopoly on education?

A quote from President Kennedy’s historian, John Kenneth Galbraith, sums up the intent of PCE and our Republican controlled Legislature. He said, “The modern conservative is engaged in one of man’s oldest exercises in moral philosophy: that is the search for a superior moral justification for selfishness.”

To read Republican Vice Chair Todd Weiler's article click here.