NASHVILLE, Tenn. (AP) – Tennessee’s highest court ruled Wednesday that Republican Gov. Bill Lee’s school voucher program does not violate the state’s constitution, clearing the biggest hurdle for a program that would let families use taxpayer dollars on private schools.
The Tennessee Supreme Court’s 3-2 decision overturns several lower court rulings that had previously determined the program violated the Tennessee Constitution’s “home rule,” which says the Legislature can’t pass measures singling out individual counties without local support. The program has been blocked in court amid those rulings.
However, while Wednesday’s ruling marks a pivotal win for school vouchers to expand in Tennessee, it does not mean the case is over. The Supreme Court ordered the lawsuit to go back to a lower court to determine other lingering challenges. It remains unclear when or how the state would try to get the program up and running.
Under the law, the voucher program would apply only to Nashville and Shelby County, which includes Memphis, the areas with the lowest performing schools and regions with Democratic political strongholds who opposed the measure.
The law squeaked through the GOP-controlled General Assembly in 2019, with Republicans repeatedly tweaking the legislation to ensure it applied only to Democratic-controlled areas after acknowledging it was unpopular among their constituents. The bill’s passage was marked by dramatic efforts to get it passed, including House leaders refusing to acknowledge the measure failed to secure enough votes during a floor vote. They instead lobbied various members out on a Capitol patio – where the public and reporters were banned – until a fellow Republican agreed to change his vote when he was assured the bill would be amended once more to exclude his legislative district.