For the second time in less than four months, a state supreme court has ruled in favor of school choice, this time in Wyoming.
The highest court in the nation’s least populous state ruled unanimously Friday that the Steamboat Legacy Scholarship Act does not violate the state constitution, as opponents from the state’s largest teachers union had alleged.
The victory follows a unanimous decision in Idaho in February, allowing education freedom to expand and continue in both states.
“This ruling is a major victory for Wyoming families and for the principle that parents, not government systems, are best positioned to decide how their children learn,” EdChoice said in a statement. “The court rightly recognized that Wyoming’s ESA program expands educational opportunity while remaining fully consistent with the state constitution.”
The Wyoming Education Association used a perennial argument Idaho also rejected: that the state’s mandate to maintain a system of free public schools prohibits it from funding other types of schooling.
A district court granted an injunction against the program last year, blocking its expansion for the 2025-26 school year. On Friday, the state Supreme Court reversed the injunction, finding no basis for it.
“There are no allegations that funding the Act somehow constitutionally compromises public school funding,” the court wrote. “In other words, there is no possible injury to Plaintiffs simply because the Legislature could have spent this money on public schools – the same could be said of any legislative appropriation that does not go toward public education.”
The court also found the plaintiffs – the union and parents of several children who are still in public school – were not harmed by the act since they have no intention of participating in it. The plaintiffs had tried to claim harm because private schools choose whom they will accept, but the judges rejected that claim.
Thomas M. Fisher, EdChoice’s executive vice president and director of litigation, told The Lion he plans to use the ruling in cases in other states to help “impress and persuade” those judges.
“I think there’s a clear statement in this opinion that they do not see any injury for the plaintiffs to be remedied by injunction because there was no implication of this program for public education,” he said. “I think that’s a really useful statement. I think it’s certainly 100% accurate, and it’s the position we’ve been advocating all along. And I’m optimistic other courts will see that point as well.”
Nikki Leck, a mother and intervenor in the case, praised the decision.
“We are extremely grateful for the Wyoming Supreme Court’s common-sense decision lifting the injunction and allowing school choice to move forward,” Leck said. “As a family involved in this case, we believe this ruling restores fairness, respects parental rights, and gives Wyoming families meaningful, affordable educational options for our children.”
The scholarship launched in 2024 and was set to become universal in 2025. With the injunction lifted, students can receive $7,000 to use toward private school tuition or other education expenses.
School choice has expanded to 35 states and has more than 1.5 million participants. Although legal challenges remain in states including Ohio and Wisconsin, advocates are racking up a string of victories.
“It’s pretty clear that parents really want these opportunities to be able to choose the best education for their children,” Melinda Hudson, an attorney with EdChoice, told The Lion last month.
“We’ve gotten quite a few wins lately, so I think certainly the tide is in favor of school choice. And hopefully those wins just continue to compound and make it clear that that choice is constitutional.”
