The Florida Education Association has filed a lawsuit challenging the upcoming ballot referendum that would remove the state's constitutional protections against funding religion with taxpayer funds. The ballot title and summary, the suit claims (pdf), are misleading and give the false impression that repealing the "no aid to religion" provision would enhance religious liberty.
The ballot summary is misleading in that its phrase "consistent with the United States Constitution" suggests to voters that the Amendment is required by the United States Constitution or merely renders the Florida Constitution's church-state provisions the same as those of the United States Constitution. In fact, the Amendment is not required by the United States Constitution and would give religious institutions a constitutional right to public funding that they do not have under the United States Constitution. The ballot summary is also misleading because it is not an accurate articulation of the Amendment, in that it does not disclose that the Amendment would in fact require funding of religious individuals or entities in many circumstances.
The teachers and religious leaders bringing the suit contend that the true purpose of the measure is to introduce school vouchers to the state:
“This is a shady way of opening the door for school vouchers for all,” said Florida Education Association (FEA) President Andy Ford. “Throughout the nation, voters have repeatedly rejected voucher initiatives, which would weaken our public schools. The leadership of the Legislature realized this, so they approved an amendment whose ballot title, “Religious Freedom,” and summary are misleading.”
Represented by the Anti-Defamation League, the ACLU and Americans United, plaintiffs asks for the court to bar the state from including the initiative on the ballot.
