No-Aid Provisions

Many states have strong religious liberty provisions (protecting both free exercise and no establishment principles) that provide more explicit protections than in the First Amendment to the U.S. Constitution. For example, numerous state constitutions, including Florida’s, have “No-Aid” provisions that prohibit the expenditure of public funds in aid of or to support religious institutions, including parochial schools. These No-Aid provisions, and other state constitutional provisions that bar funding of religious institutions, are part of the broad, multi-faceted legal tradition in this country that protects religious freedom. After all, a core value of America’s religious freedom tradition that the government does not fund religion.

Unfortunately, the Florida Constitution’s strong protection of religious liberty is now at risk. The Florida Taxation and Budget Review Commission, a 25-member body appointed by the Governor, the Speaker of the Florida House of Representatives, and the Florida Senate President, ignited this constitutional controversy. The primary role of the Commission, which meets once every twenty (20) years, is “to recommend statutory and constitutional changes dealing with taxation and the state budgetary process,” and it typically confines itself to such budget and taxation matters that are legitimately within its jurisdiction. However, in April 2008, the Commission approved two particular constitutional amendment proposals (Nos. 7 and 9) that have, at best, only a tangential connection to “taxation and the state budgetary process.”

The subject matter of Ballot Proposals 7 and 9, however, is not within the Commission’s jurisdiction. Taken together, these ballot proposals would delete Florida’s “No-Aid” provision from the Constitution and open the door to public funding of parochial schools, severely weakening the strong religious liberty protection that Floridians currently enjoy. These ballot proposals will be on the general election ballot in November 2008 and require sixty percent (60%) approval in order to successfully amend the state Constitution.