(The Lion) — Utah’s universal school choice program is facing a lethal legal setback after a judge ruled it unconstitutional.

The Utah Fits All Scholarship Program, created in 2023 and launched in 2024, was immediately a wild success, receiving 27,000 applications despite having just 10,000 scholarships available.

Each scholarship is worth $8,000 and can be used for private school tuition or other educational expenses. In comparison, Utah’s public schools spend $10,000 per pupil.

Even so, the state’s teachers’ union, the Utah Education Association (UEA), filed a lawsuit in 2024, claiming the school choice program is unconstitutional. The suit cites Article XIII Section 5 of the state constitution, which limits property and income tax revenue to the funding of public education.

In 2020 voters expanded the section via Amendment G, allowing those same tax dollars to “support children and individuals with a disability.”

But now Third District Court Judge Laura Scott has ruled the Utah Fits All scholarship is ineligible to receive property and income tax funds because it was never explicitly included within the purview of Amendment G.

“The court makes no judgment as to the value of ‘school choice’ or private school vouchers. But ‘school choice’ or vouchers for children without disabilities was never discussed, much less debated, in connection with the legislature’s passage of Amendment G,” Judge Scott wrote in her Friday ruling, according to a Fox News affiliate.

“More importantly, the voters were never informed that Amendment G was about ‘school choice’ or vouchers for children without disabilities.”

UEA celebrated the decision in a social media post, calling the ruling a “reaffirmation that public money belongs in public schools.”

“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,” the union wrote.

Teachers’ unions nationwide oppose parental choice and education freedom because they threaten to diminish the power of union monopolies.

Meanwhile, despite claims that public schools are the most inclusive, data shows special needs students flocking to school choice programs. Many such programs also prioritize helping low-income families.

And a wealth of academic research has shown school choice has a positive effect on academic outcomes, parental satisfaction and fiscal responsibility.

Now, Utah policymakers and education reformers are determined to get the ruling overturned.

“While we are disappointed in the court’s decision on the Utah Fits All program, our commitment to Utah families and their rights to make choices about their children’s education remain unchanged,” Utah Gov. Sean Cox wrote on social media.

“We will be reviewing the ruling with our attorneys and preparing to appeal.”

Other Republicans leaders, including Utah House Speaker Mike Schultz, R-Hooper, and Senate President Stuart Adams, R-Layton, also denounced the court ruling.

“This decision is a devastating setback for Utah families,” said Schultz. “The Utah Fits All Scholarship isn’t just about choice; it’s about empowering parents to secure the best possible learning environments for their children’s future success.

“We’re unwavering in our commitment to ensuring that every Utah student, irrespective of zip code or income, has equal access to the educational opportunities they rightfully deserve.”

Rep. Candice Pierucci, R-Herriman, who sponsored the bill to create the scholarship program, also expressed hope the ruling would be overturned by the Utah Supreme Court.