Thank you, Supremes

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Turns out one branch of Utah government has some backbone after all.

Last week, the state's Supreme Court brought some badly needed clarity to the school-voucher debate. In a 4-0 decision -- one justice recused herself -- the court said the November voter referendum will hold sway on vouchers, period.

The justices also rejected an effort by voucher supporters and opponents to change the ballot language.

As we have noted many times in the news pages of this paper, and in this editorial space, as well, the Legislature created confusion regarding the voucher law during its session earlier this year. It passed, and the governor signed, House Bill 148, the guide for implementing a voucher program: Taxpayer-funded scholarships of between $500 and $3,000 would go to children of families who opt for private education. But after HB 148 was signed into law, the Legislature passed HB 174, which amended some provisions of HB 148, but did not include all the provisions of the original bill.

When voucher opponents gathered enough signatures to bring HB 148 to an up-or-down vote, voucher supporters -- with a supporting legal opinion from Attorney General Mark Shurtleff -- tried to force the State Board of Education to implement vouchers anyway, based on HB 174. The Board of Education refused, creating a stand-off that even Gov. Jon Huntsman seemed unwilling to try to settle via calling a legislative special session.

Now, finally, the Supreme Court has clearly drawn the battle lines: Voucher supporters and opponents will commence a public campaign to sway voters to their respective ways of thinking on the issue.

And the eventual campaign war chests could be considerable. Utah's voucher law has been described as the nation's most sweeping.

That means voucher advocates across the country have a vested interest in seeing this legislation endorsed by voters -- which means the funds to promote vouchers will pour into Utah.

Similarly, public education and those who don't believe taxpayer dollars should be used to fund private schools -- and especially parochial schools -- view defeat of the voucher law as essential. There will be lots of money to promote this view, as well.

So, let the rhetorical contest begin. At least the issue has been narrowed: It's either "yes" or "no" on vouchers come Nov. 6.

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