A Utah district court judge has held that the Utah Fits All Scholarship — commonly characterized by supporters as the "Utah Fitswell Scholarship" — runs afoul of the state constitutional requirement that education funded by income-tax revenues be "free and open to all," but the judge allowed the program to continue while the ruling is appealed.

Jason Perry, director of the Hinckley Institute of Politics, introduced the case on the Hinckley Report on the program and the ruling by Judge Laura Scott.

The ruling was the focus of a panel discussion including Jay Evenson, opinion editor with the Deseret News; Representative Jennifer Dailey-Provost, a Democrat and minority whip in the Utah House; and Senator Mike McKell, a Republican and majority assistant whip in the Utah Senate.

"I think unequivocally that this program does not create any any kind of equitable situation for students," Representative Jennifer Dailey-Provost said on the program, arguing that vouchers create unequal funding for students and that "to argue that this is creating an equitable playing field or equitable access for all students is a fallacy, and that is unconstitutional." She also said many voucher recipients are homeschooled and that voucher awards — which the panel stated are about $8,000 per scholarship — are substantially higher than public per-pupil funding.

Senator Mike McKell, who described himself as concerned by the judge's opinion, said on air, "I don't agree with her opinion. I don't agree with with her findings in this in this case. I think these are clearly educational expenses." McKell added he expects the decision to be appealed and said he predicts the ruling could be overturned.

Panelists noted the program's connection to a teacher-pay provision in the original legislation that established the scholarship. McKell and others on the panel said they expect legislative leaders to prioritize protecting teacher salary increases tied to the package, with McKell saying, "I don't see anybody on Capitol Hill talking about taking that away or stripping that away."

Panelists gave differing takes on the constitutional question and on equity implications. Dailey-Provost argued voters would be "enraged" to learn vouchers are roughly $8,000 per student and warned the effect could be to reduce economies of scale for public schools. McKell said he understands the judge's reasoning but disagrees with the legal conclusion.

The Utah Education Association (UEA) filed the lawsuit challenging the scholarship's constitutionality, arguing the program diverts income-tax-funded education dollars to a program that is not "free and open to all." Judge Laura Scott issued the opinion but kept the program operating while litigation continues.

The program's scale was discussed on air: panelists said roughly 20,000 applications had been submitted and that many recipients are homeschooling families. Representatives and senators said the case will likely be appealed and that the legislature can still act on related policy and funding questions while the courts decide.

The judge's opinion and the program's status under appeal mean the scholarship will remain available to applicants during the review process. Lawmakers on the panel emphasized they planned to protect teacher pay increases tied to the original legislation while the legal process proceeds.

How the appeals process will resolve the constitutional question remains unclear; the hearing panelists urged attention from lawmakers and said further appellate review is likely.