A recent court decision has shaken things up in Utah’s education landscape: a judge ruled that the Utah Fits All Scholarship program is unconstitutional. But don’t panic—this doesn’t mean the program is over. In fact, there’s a lot of hope and a few strong options if needed.
Let’s walk through what’s going on and what might happen next.
The Best Case: The Supreme Court Overturns the Ruling
Right now, the ruling is being appealed to the Utah Supreme Court. That’s the highest court in our state. The lawyers at the Institute for Justice and State Attorney General are already on the case, and they’ll be working hard to show the Supreme Court that the scholarship program is legal.
If the Supreme Court overturns the lower court’s ruling, that means the program will keep running just as it is—and that’s the best outcome! Thousands of families have already enrolled, and many more are hoping to join next year. Overturning the ruling would give everyone peace of mind and keep education freedom alive in Utah.
What if the Supreme Court Upholds the Decision?
If the Utah Supreme Court agrees with the lower court, the scholarship program might need to make some changes.
The first and easiest fix? Just pay for the scholarships from a different pot of money.
Right now, the program is funded with income tax dollars. But the judge said those taxes are only supposed to be used for the “public education system.” Thankfully, Utah has another pot of money called the “General Fund.” This one comes mostly from sales tax, and lawmakers can use it for a much wider range of programs—including education scholarships like Utah Fits All.
This is the most likely solution. In fact, based on what we’re hearing, some lawmakers are already preparing to make this change before the court even hears the case. It wouldn’t require changing the Constitution or re-writing the whole program. The Legislature could simply shift the funding in a special session—and boom, the program keeps going.
If switching to the General Fund doesn’t solve everything or if the courts raise other concerns, the Legislature has another option: they could ask Utah voters to change the state Constitution.
This would take more time and effort. Lawmakers would need to write up an amendment, pass it with a two-thirds vote, and then ask all Utahns to vote on it during the next election. That’s a big process, but it could be worth it if it gives the program permanent protection.
While this option isn’t the first choice, it’s still on the table—and it might become more important if future legal challenges pop up.
What Families Should Know
For now, the program is still running. The judge did not block it while the appeal moves forward, so families can continue using their scholarships as expected. The Supreme Court process could take anywhere from one to two years, according to Senator Weiler.
And no matter what happens in court, lawmakers are already talking about how to keep the program going. The most likely move is switching the funding source—but if needed, they may go the constitutional amendment route.
Either way, there’s strong support from parents and lawmakers who believe families should be in charge of their children’s education.
