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Voters may be asked to remove Florida's church-state ban
By S.V. Date
Complete article
Palm Beach Post Capital Bureau
Thursday, December 16, 2004
By S.V. Date
Complete article
Palm Beach Post Capital Bureau
Thursday, December 16, 2004
TALLAHASSEE Christian conservatives frustrated by court rulings that have found a school voucher program unconstitutional may have hit upon a possible solution: changing the constitution.
Sen. Daniel Webster, a former House speaker and now the chairman of the Senate Judiciary Committee, said Wednesday he is exploring the possibility of a citizens initiative to repeal the 136-year-old wording that separates church and state in Florida.
Religious conservatives were dealt a blow last month when the 1st District Court of Appeal the appellate court that the executive and legislative branches traditionally have afforded great deference in the interpretation of state laws agreed with a trial court that the state's Opportunity Scholarship voucher program was unconstitutional because it sent public money to religious schools.
But Webster said the ruling, if it's upheld by the state Supreme Court, goes beyond vouchers. The language in the constitution prohibits giving tax money "directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution" a definition Webster said could include colleges, hospitals and other groups that are affiliated with a religious institution.
"It's huge," he said of the potential impact.
Webster said he first thought about seeking a constitutional amendment "a couple of days" after the ruling was released Nov. 12. He said the state high court could well uphold the appeals court because of how clear the constitution seems on the matter.
Ron Meyer, [American Civil Liberties Union of Florida] the lawyer who has so far successfully pushed the voucher lawsuit through trial and appellate courts, said he was not surprised by the effort and that he always assumed that religious conservatives would eventually try to change the constitution.
"It's disappointing," he said. "Florida has long abided by the separation of church and state. I really question whether the people of Florida will want to remove their constitutional protection from using their money, involuntarily, to support religious institutions."
Meyer cautioned potential supporters, though, that opening state money to religion meant opening it to all religions, including fringe groups.
"The religious right needs to be careful what they wish for," he said.