UPDATE: Utah Fits All Continues for Now

The Utah Fits All Scholarship program is still alive.

On Wednesday, Judge Laura Scott declined to issue an order to stop the program while her ruling is appealed. That means families can continue using their scholarships—and new families can apply—while the Utah Supreme Court considers the case.

It’s a huge relief for the thousands of families who were left wondering if their education plans would be thrown into chaos.

Last week, Judge Scott ruled the program unconstitutional, arguing that the Legislature went beyond its authority by funding Utah Fits All with income tax dollars. But the state asked the judge to allow the program to continue until the state’s highest court can weigh in.

She agreed.

The ruling still stands, but she refused to block the program’s operation in the meantime.

What’s Next

The case now heads to the Utah Supreme Court. The court is expected to accept the case, and oral arguments could be scheduled in the coming months. A final decision will take time—possibly into late 2025 or even into 2026—but for now, families can breathe.

This mirrors what’s happened in other states. In places like West Virginia and Tennessee, lower courts struck down school choice programs, only for state supreme courts to reverse those rulings later.

Why It Matters

The Utah Fits All program gives families the freedom to choose—and that’s exactly what its opponents fear.

So, if you’re using Utah Fits All or planning to, here’s what you need to know: You can continue. You can plan. You can stay focused on what matters most—your child’s future.

This legal fight is far from over. But for now, Utah families can move forward.

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About the author

Jon England

Jon is the former Senior Education Policy Analyst at Libertas Institute.

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Fighting for a Future Where Individuals Are Fully Liberated to Pursue Their Dreams, Free from Coercion and Control.

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