Utah Voucher Program Ruled Unconstitutional

In a major victory for public school students, a state district court has ruled that Utah’s universal private school voucher program is unconstitutional.

In 2023, the Utah Legislature enacted an Education Savings Account voucher program, which redirects tens of millions of public dollars to private education expenses. In response, a group of public school parents and community members, along with the Utah Education Association, filed a lawsuit asserting that the voucher law violates numerous provisions of the state constitution.

On April 18, 2025, a Utah district court judge struck down the voucher program ruling that the legislature does not have the power to create schools outside the public school system, and therefore any publicly funded education program created by the legislature must comply with all constitutional requirements pertaining to public schools, including that they be free and open to all Utah children.

The court ruled that Utah’s voucher program is not “free and open to all children of the state,” as required by the Utah Constitution. The court found that although public schools must allow all students to enroll, every private school participating in Utah’s voucher program has an application process to determine if a student is the right “fit.” These private schools are permitted to discriminate against students based on gender, religion, socio-economic status, disability, sexual orientation, or political affiliation.

The court also ruled the voucher program, which diverts public tax dollars to private education, violates the constitutional requirement that state tax revenue be used to support public education.

“This decision protects the integrity of public education, ensuring critical funding remains in schools that serve 90% of Utah’s children and prioritize equitable, inclusive opportunities for every student to succeed,” said the Utah Education Association. “It reinforces the belief that public education is a cornerstone of opportunity for everyone, regardless of their background or circumstances.”

“The court upheld crucial protections for public school students enshrined in the state constitution,” said Patrick Cremin, Education Law Center Staff Attorney. “We are very pleased that courts across the country continue to invalidate unconstitutional efforts to divert public funds to private schools.”

The court allowed the voucher program to continue while the Utah Supreme Court considers the case on appeal.

The plaintiffs are represented by lawyers from the Utah Education Association, the National Education Association, Bredhoff & Kaiser PLLC, Zimmerman Booher, and Idaho Job Justice.