Utah district court rules 'Utah Fits All' scholarship unconstitutional; sponsors vow appeal

A Utah district court ruled this week that the Utah Fits All scholarship program is unconstitutional, but sponsors said the judge declined to stay the program while they pursue an appeal to the Utah Supreme Court, allowing current recipients to continue their school-year plans.

Representative Candace Perucci, an original sponsor, told the Utah House podcast that the program ‘‘was designed to give families flexibility and opportunity in education,’’ and that the court’s decision could affect thousands of students. Senator Kirk Kolimore, also a sponsor, described the ruling as ‘‘judicial activism’’ and said the opinion found the program unconstitutional on two grounds: that the legislature cannot create education programs outside of the public-education system and that income-tax revenue cannot be used to fund the program.

The ruling does not immediately disrupt the scholarship, the sponsors…