Families made plans. They committed to programs. Some even left traditional schools. And then, just days before the enrollment deadline, a judge declared the Utah Fits All scholarship program unconstitutional. So—what now?
Last week’s ruling by Judge Laura Scott is disappointing, but it is not the end of the road.
The judge ruled that the Legislature exceeded its constitutional authority by using income tax dollars to fund the program. But this ruling is not final. No court order has been issued to stop the program, and the program could still move forward on appeal. The Institute for Justice (IJ), which represents Utah families, has asked the judge to withhold any orders to stop until the Utah Supreme Court has a chance to weigh in.
The Ruling Is Flawed
Judge Scott interpreted Utah’s Constitution in a way that limits parental options. In doing so, she cited a Florida case—Bush v. Holmes—that wasn’t even part of the legal arguments in this case. She leaned heavily on the voter information guide for Amendment G (the amendment that expanded how income tax funds can be used), yet she ignored portions that indicated school choice programs like Utah Fits All were within scope.
Utah’s Constitution requires the Legislature to provide a public education system. But it does not say that is the only educational path the state can support. Amendment G explicitly allows income tax dollars to be used “to support children” and “to support individuals with a disability.” That’s exactly what the Utah Fits All scholarship does—it supports children, especially those whose needs aren’t met in traditional public schools.
What Happens Next
Judge Scott has scheduled a hearing for Wednesday, April 23, to hear arguments on whether the program should be halted while the case moves forward. IJ will ask the court to let the program continue during the appeals process. If the judge denies that request, they will immediately appeal to the Utah Supreme Court.
This isn’t the first time teachers’ unions have tried to derail school choice programs at the eleventh hour. In other states—like West Virginia and Tennessee—trial courts struck down similar programs, only to have those rulings overturned on appeal. Utah may follow the same path.
Why This Really Matters
This case isn’t just about Utah Fits All—and it’s certainly not about the money. The program represents less than 1% of Utah’s total education spending. What’s really at stake is parental rights and student opportunity.
Opponents of this program—especially the teachers’ union—aren’t concerned with what’s best for individual children. They’re concerned with preserving the system they control. They don’t want alternatives. They don’t want innovation. And they certainly don’t want competition.
What Families Should Do
If you’re a Utah Fits All family, now is the time to stay informed, stay vocal, and stay hopeful. The program’s top legislative sponsors, the Senate President, House Speaker, and Governor have pledged their full support and are already working on the appeal.
This ruling may feel like a full stop, but it’s only a pause. The fight isn’t over—and neither is our belief that parents know what’s best for their children.
