Judge blocks Utah Fits All scholarship; majority whip says state will appeal and plans working group on judicial retention information

A Utah district judge has ruled the Utah Fits All scholarship program unconstitutional, and state lawmakers plan to appeal, House Majority Whip Carrie Ann Lisenby said on the God and Country podcast.

Lisenby described the program as a parent-directed scholarship in which funds go to parents, who then choose where to enroll their child. She said the judge’s decision — which sided with the Utah Education Association’s challenge — raised questions about the legislature’s constitutional powers over education and could affect other targeted scholarship programs if left in legal effect.

"Her decision brings into question so many different programs that do not we spend so much on education," Lisenby said, noting the Carson Smith scholarship and other specialized programs that serve subsets of students. "Her decision in my opinion would encompass that program as well and many other programs like that. So it's a nonsensical decision that we are planning to appeal."

Lisenby also described HB512, a bill she sponsored to provide greater information to voters in judicial retention elections. She said HB512 (and related conversations) was intended to give voters "pertinent information" about judges so voters can make informed retention choices. Lisenby said she convened a working group for the interim that will include members from the courts, the Legislature, the executive branch, the bar and local government to craft what information is provided to voters and how.

Context and controversy: - The Utah Education Association argued the scholarship program siphoned public money from public education; the judge agreed and enjoined the program in a ruling Lisenby characterized as siding with "special interests." A media clip played during the program quoted an education-advocacy voice calling the ruling "a significant victory for public education." - Lisenby said the Fits All program had passed the Legislature with veto-proof margins (two-thirds majorities in both chambers) and that she and other lawmakers view the decision as overturning the will of a broad legislative majority. - On HB512, Lisenby said the working group will examine how to get more pertinent information to voters — possibly through the voter information pamphlet rather than ballot text — and that including the courts, bar and local officials in the working group should reduce vulnerability to legal challenge.

Ending: Lisenby said the state will appeal the Fits All ruling and that conversations about judicial-retention information will continue in the interim, with an aim to produce material voters can use without creating a legally vulnerable process.