 The recent decision by the South Carolina Supreme Court striking down that state's school voucher program has dealt a harsh blow to families seeking educational freedom. The court found that the Education Savings Trust Fund Act, which allowed low-income families to use state-provided scholarships for private school tuition, violates the South Carolina Constitution’s prohibition against using public funds for the “direct benefit” of private educational institutions.
The decision leaves families using the program to send their children to private, often religious, schools, scrambling to find alternatives after their financial support was cut off mid-school year. David Warner, a South Carolina dad, described the ruling as “a kick in the stomach,” knowing he now has to tell his son they can no longer afford the school he loves. The court's ruling reflects a broader issue rooted in South Carolina's constitution, particularly its “Blaine Amendment.” This amendment, originally crafted in the 19th century to promote anti-Catholic bigotry, blocks access to educational choices for families of all stripes, religious or otherwise. The consequences are far-reaching; they limit the ability of parents, especially those with modest means, to choose a learning environment that aligns with their values. Sen. Tim Scott (R-SC), a vocal advocate for school choice, has called school choice the “civil rights issue of our time.” His words resonate with many South Carolina families who view school choice not just as an educational policy, but as a step toward opportunity and empowerment. For many, the local public school might not provide an environment for their children that allows for the transmission of their values. Such schools are often not even safe. Protect The 1st Foundation, in our amicus brief, told the South Carolina Supreme Court: “The Educational Scholarship Account program serves many public purposes. It promotes the exercise of First Amendment-protected religious and speech rights by enabling families who could not otherwise afford to do so to choose among a wide variety of schools and find those that align with their own varied beliefs and values, and that provide an educational environment in which their children will thrive consistently with those values. “It is no surprise, then, that the data show that school choice programs like the one challenged here lead to higher graduation rates, better test scores, and greater civic engagement – not only for students who receive scholarships through the program, but also for students who choose to remain in public schools.” For now, the court’s decision has closed the door on a program that gave 5,000 students a chance to explore other educational opportunities. Yet, while the court acknowledged there is public demand for school choice, it also pointed out that any change must come from amending the state constitution. The good news is that amending the state constitution presents a path forward for advocates of educational freedom. South Carolina has amended its constitution 100 times since 1974, including twice in 2022. This shows that the people have the power to enact change when there is sufficient public will. Although the ruling has halted the current school choice initiative, it has also energized its supporters. South Carolina’s history of constitutional amendments suggests that restoring educational freedom is achievable. Advocates should now focus on amending the state constitution, removing the outdated Blaine Amendment, and ensuring every parent, regardless of income, can choose the best educational path for their child. As Sen. Scott rightly points out, the power to choose a quality education should not be a privilege but a fundamental right for all families. Now is the time for South Carolinians to act and make their voices heard. Comments are closed.
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