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The current lawsuit over the Utah Fits All Scholarship program is simply more of the protracted debate between parental rights and public education. Third District Court Judge Laura Scott chose the side of public education. Of course, she would. As she cites, the state legislature is in the public education business by edict of the state constitution. But she chose poorly.

Here is what she got wrong: Appropriations for private schooling and homeschooling are not investments in the public school system. There is a fundamental difference between the Utah legislature’s investment in “education” and its constitutional imperative on behalf of “public education.” The Utah legislature funds many things not involving the public school system. Giving a kid this scholarship to get an education has nothing to do with public education. read more