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Judge hears arguments in case alleging Utah’s ‘school choice’ program is unconstitutional • Utah News Dispatch

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Judge hears arguments in case alleging Utah’s ‘school choice’ program is unconstitutional • Utah News Dispatch


Should Utah’s “school choice” program be allowed to stay put — or is it unconstitutional?

That’s the question that a judge is now weighing after spending several hours listening to oral arguments Thursday.

In the hearing, 3rd District Court Judge Laura Scott grilled attorneys for both the state and for Utah’s largest teacher union, the Utah Education Association, on the complex constitutional questions she must now unravel before issuing a ruling in the case — which she said she expects to hand down sometime in mid-to-late January. 

Earlier this year, the Utah Education Association filed a lawsuit challenging the constitutionality of the Utah Fits All “scholarship program,” which the 2023 Utah Legislature created as an effort to offer “school choice” options by setting up a fund from which eligible K-12 students can receive up to $8,000 for education expenses including private school tuition and fees, homeschooling, tutoring services, testing fees, materials and other expenses. 

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Utah’s largest teacher union files lawsuit against Utah Fits All school choice voucher program

In 2023, lawmakers appropriated about $42.5 million in ongoing income tax revenue to the program. Then this year they nearly doubled that ongoing funding by adding an additional $40 million. In total, the program uses about $82.5 million in taxpayer funding a year. 

That is, if the courts allow it to continue to exist. 

In its lawsuit, the Utah Education Association alleges it’s an unconstitutional “voucher” program that diverts money from Utah’s public school system — using income tax dollars that they contend are earmarked under the Utah Constitution for the public education system and should not be funneled to private schools or homeschooling in the form of the Utah Fits All scholarship program.

The Utah Constitution has historically required the state’s income tax revenue be used only for public education, though that constitutional earmark has been loosened twice — once in 1996 to allow income tax revenue to be spent on public higher education, and once in 2020 with voter-approved Amendment G, which opened income tax revenue to be used to “support children and to support individuals with a disability.” 

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Scott Ryther during a hearing on Utah Education Association’s lawsuit against the Utah Fits All Scholarship (voucher) program, in Salt Lake City on Dec. 19, 2024. (Pool photo by Trent Nelson/The Salt Lake Tribune)

This year the Utah Legislature tried to remove that education earmark completely by putting Amendment A on the Nov. 5 ballot — but that effort failed after a judge voided the question because lawmakers failed to properly publish the proposed constitutional amendment in newspapers across the state. 

Attorneys representing state officials, the Alliance for Choice in Education (a group that the Utah State Board of Education chose to administer the program), and parents of students benefiting from the program urged the judge to dismiss the lawsuit. 

They argued the Utah Legislature acted within its constitutional constraints when it created the program. They contended that when Amendment G added to the Utah Constitution the word “children” as an allowable use for income tax dollars, that created a “broad” yet “not ambiguous” category that allowed Utah lawmakers to use the revenue for the Utah Fits All scholarship fund. 

Attorneys for the Utah Education Association, however, argued that when legislators put Amendment G on the ballot and pitched it to voters, their stated intentions did not include using the funding for private school vouchers. Rather, they argued it was characterized as an effort to narrowly open the revenue up to “social services” for children and people with disabilities. 

Ramya Ravindran during a hearing on Utah Education Association’s lawsuit against the Utah Fits All Scholarship (voucher) program, in Salt Lake City on Dec. 19, 2024. (Pool photo by Trent Nelson/The Salt Lake Tribune)

The judge repeatedly questioned state attorneys about their position, asking for clarity on the state’s interpretation of the Utah Constitution and whether it would allow Utah lawmakers the power to create a “shadow” or “parallel” education system that could funnel public dollars to private schools, which can select students based on religion, political beliefs, family makeup or other criteria. In contrast, Utah’s public school system must be free and open to all. 

Arif Panju, an attorney representing parents who intervened in the case to argue in favor of protecting the Utah Fits All program, argued parents have a “fundamental right” to exercise their “school choice” options. 

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“The mere fact that they can use a private scholarship … does not transform those options into a shadow system,” Panju argued. 

But to Scott, that still didn’t answer her question. 

“I’m getting a little frustrated,” Scott said, adding that she wasn’t trying to debate school choice but rather she was trying to conduct a constitutional analysis. 

Ultimately, state attorneys conceded their position could open the door to a “parallel” or “shadow” system — however, they argued that’s not what is being debated in this case. They argued the Utah Fits All program was funded only after the Utah Legislature appropriately funded its education system, as required by the Utah Constitution (which does not set a specific threshold). 

When the hearing’s time ran out at about 4:30 p.m., Scott said she would take the issue under advisement, and she would not be ruling from the bench. 

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“I’m hopeful for mid-to-late January,” she said, “but I’m not making any promises I won’t take the entirety of the 60 days” that she has to make a decision. 

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Commentary: Recalling the Christmas of Catholic nuns and slave cabin singers

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Commentary: Recalling the Christmas of Catholic nuns and slave cabin singers


It’s not easy to pick the most memorable Christmas in Salt Lake City history.

There was, of course, that first Dec. 25 in Utah for the Mormon pioneers. They worked on Christmas Day 1847 but paused briefly for a simple feast.

The original Catholic church in Utah — the old St. Mary Magdalene on 200 East between South Temple and 100 South — hosted the city’s first Christmas midnight mass in December 1871.

The Salt Lake Tribune helped launch the tradition of downtown holiday decorating in 1945 and the old ZCMI store (where Macy’s now sits) on Main Street started decorating its windows with Christmas candy in the early 1970s. Temple Square’s Christmas light displays began in 1965.

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The Tabernacle Choir at Temple Square did not perform annual Christmas concerts until 2000. Willam Christensen choreographed “The Nutcracker” in California in 1944 but first brought it to Utah a decade later.

And memorable for all the wrong reasons, just after noon on Dec. 25, 1859, Salt Lakers had to dodge dozens of bullets from a Christmas Day gunfight that raged up and down Main Street.

Although all these holidays were unique, December 1875 stands out for me. It was the Christmas of Catholic nuns and slave cabin singers.

The Holy Cross sisters arrive

The Holy Cross Sisters had first arrived here from their convent in Notre Dame, Indiana, six months earlier. Sister Raymond (Mary) Sullivan and Sister Augusta (Amanda) Anderson traveled to Salt Lake City via train and stagecoach at the invitation of Father Lawrence Scanlan (soon to be Utah’s bishop), and more followed.

Scanlan hoped the nuns would help his fledgling Catholic community build schools and meet other human and spiritual needs. They did just that.

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A few years earlier, Sister Augusta had started her Holy Cross work as a Civil War nurse. She managed two Union army hospitals so well in the 1860s that Gen. Ulysses S. Grant exclaimed, “What a wonderful woman she is. She can control the men better than I can.”

Utah bard Gerald (Gary) McDonough’s aunt was a Holy Cross Sister, too, but a few years later. In his poem “Porch Nuns,” McDonough colorfully described the long black Holy Cross robes, also donned by pioneers like Sister Augusta.

Calling their veils “corrugated halos that circled their heads, Like broad white-walled tires,” he explained that whenever they visited his family, intrigued Latter-day Saint neighbors would emerge to watch “the giant emperor penguins, milling about the McDonoughs’ front porch.”

One can only imagine how unusual it was for the Salt Lake City Latter-day Saints to see those “giant emperor penguins” milling about downtown for the first time during the Christmas season of 1875.

That December, the women of St. Mary Magdalene church organized a fair to raise money for the new Holy Cross Hospital. A large crowd — including Catholics and Latter-day Saints — attended.

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The Tribune called it the “greatest attraction of the season,” one with music, plays, shooting galleries, “richly furnished refreshment tables,” and a “magnificent display of skillfully and delicately wrought fancy articles” for sale.

‘The Tennesseans’ perform

(Wikimedia Commons) Tennesseans concert poster shows Donavin’s original Tennessean slave cabin singers.

During the same week the grand fair was open, a popular singing group called “the Tennesseans” was in town as part of a national tour.

Contemporary newspaper articles and advertisements described the Tennesseans as “slave cabin singers” who performed “old plantation melodies and camp meeting hymns” from the South. These college students who once were slaves earned rave reviews wherever they sang.

After watching them perform, The Tribune said the widespread praise for the Tennesseans was well deserved. The Utah Evening Mail proclaimed them better than “any singers that have visited Salt Lake,” and the Deseret News called them the “most superb colored company in America.”

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(The Salt Lake Tribune) December 1875 Tribune ad for the Tennesseans’ December 1875 concerts in Salt Lake City.

One evening just before Christmas, right after the Tennesseans had finished a concert at the old Salt Lake Theatre, they stopped by the fair. To the crowd’s delight, they sang a couple of songs.

And then they did something that made the Christmas of 1875 one of the most memorable in Utah history. The former slaves serenaded the Holy Cross Sisters.

The Tribune reported that the Tennesseans sang some of “their finest melodies” to honor “Mother Augusta for her services in checking the Negro massacre at Fort Pillow during the war.” The Utah Evening Mail called the impromptu concert “an expression of gratitude” to the Holy Cross Sisters whose “humane services in aiding to suppress the Fort Pillow massacre” and whose “uniform devotion to the relief of the soldiers” would never be forgotten.

About the massacre

(Wikimedia Commons) A hand-colored 1892 print of the Battle of Fort Pillow by Kurz and Allison, a well-known Chicago firm specializing in colorful and dramatic chromolithograph prints of American historical events. The original is in the Library of Congress.

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In April 1864, Confederates massacred hundreds of Black Union soldiers stationed at a fortress the rebels had conquered in Tennessee. Sister Augusta cared for the surviving Fort Pillow victims at a nearby hospital she supervised.

It was difficult work.

Sister Augusta’s journal describes the appalling conditions of that hospital when she arrived: “Although we were tired and sick for want of sleep, there was no rest for us. We pinned up our habits, got brooms and buckets of water, and washed the bloodstained walls and scrubbed the floors. … The hospital was full of sick and wounded, but after some days, we succeeded in getting it comparatively clean.”

Notre Dame President Father William Corby — the chaplain of the Irish Brigade that famously fought at the Battle of Gettysburg — noted the full measure of Sister Augusta’s devotion: “The labors and self-sacrifices of the [Holy Cross] Sisters during the war need no praise here. Their praise is on the lips of every surviving soldier who experienced their kind and careful administrations.”

The grateful Tennesseans also remembered and thanked the Holy Cross Sisters with the gift of music. I cannot say for certain just what they sang 150 years ago in Salt Lake City during that most unusual Christmas of 1875. But I like to think that as the stars and the moon bathed the Wasatch foothills with a soft white light, the lovely lyrics of one song in particular — an old spiritual also born on a Southern plantation — rose gently into the crisp winter air and echoed off the snow-covered Oquirrh slopes, perhaps for the first time:

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When I was a seeker,

I sought both night and day.

I asked the Lord to help me,

And he showed me the way.

Go tell it on the mountain,

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Over the hills and everywhere,

Go tell it on the mountain,

That Jesus Christ is born!

(Courtesy photo)
Writer and attorney Michael Patrick O’Brien.

Note to readers Michael Patrick O’Brien is a writer and attorney living in Salt Lake City who frequently represents The Salt Lake Tribune in legal matters. His book “Monastery Mornings: My Unusual Boyhood Among the Saints and Monks,” was chosen by the League of Utah Writers as the best nonfiction book in 2022. His new holiday novel, tentatively titled “The Merry Matchmaker Monks of Shamrock Valley,” will be published in time for Christmas 2026. He blogs at theboymonk.com.

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Utah repeals ban on collective bargaining for teachers, firefighters, police unions

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Utah repeals ban on collective bargaining for teachers, firefighters, police unions


SALT LAKE CITY — Utah has repealed a collective bargaining ban passed earlier this year that prevented labor unions serving teachers, firefighters, police and other public employees from negotiating on behalf of their workers.

Republican Gov. Spencer Cox on Thursday approved the repeal of a policy that experts had called one of the most restrictive labor laws in the country.

The state’s Republican-controlled Legislature originally approved the policy in February, saying it was needed to allow employers to engage directly with all employees, instead of communicating through a union representative. Thousands of union members from the public and private sector rallied outside Cox’s office for a week, urging him to veto the bill, which he decided to sign.

Pushback continued in the months after it became law, with the Legislature ultimately deciding on a reversal during a special session this month.

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Republican state Rep. Jordan Teuscher, the original House sponsor, said the repeal “allows us to step back, to lower the temperature and to create space for a clearer and more constructive conversation.”

He maintained that it was a “good policy” that has been “overshadowed by misinformation and unnecessary division.”

The decision comes as Utah Republicans are preparing to defend their four U.S. House seats in the 2026 midterm elections under a new congressional map that creates a heavily Democratic-leaning district in the Salt Lake City area.

A repeal helps Republicans appease the many police officers and firefighters — groups that often lean conservative — who were frustrated by the ban.

State employees were still allowed to join unions under the law, but the unions could not formally negotiate on their behalf for better wages and working conditions.

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Many public educators, the state’s most frequent users of collective bargaining, viewed the policy as way for Republicans to weaken teachers unions and clear a path for their own education agenda.

Teachers unions have been outspoken opponents of Republican policies in Utah and other states where lawmakers have sought to eliminate diversity, equity and inclusion programs, expand school choice vouchers and restrict transgender bathroom use and sports participation in schools.

Union leaders celebrated the repeal and the work of their members who rallied opposition to the law.

Randi Weingarten, president of the American Federation of Teachers, and Brad Asay, the Utah chapter leader, called the repeal “a historic step in the right direction to return respect and dignity to the workers of Utah.”



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Utah hit with largest measles outbreak in over 30 years

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Utah hit with largest measles outbreak in over 30 years


Utah has been hit with the largest measles outbreak in more than 30 years.

The Utah State Epidemiologist stated that it’s the most contagious disease scientists know of.

As of this month, the Utah Department of Health and Human Services reported 115 confirmed cases.

MORE | Measles

“It’s a little surprising to see an uptick in measles, but it’s not surprising to hear that Utah County is one of the places where we have seen more of those cases,” said Elsie, a Utah County resident with several children in local schools. “I think because there’s kind of been a movement towards anti-vaccination.”

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Samantha Marberger, who also lives in Utah County and has a young child, said measles wasn’t something she thought was here.

“I’ve heard of big outbreaks like that in Texas and a few other places, but it wasn’t something that I thought was as local,” she said.

Utah State Epidemiologist Leisha Nolen called the outbreak “extreme” and “really concerning.”

“Why does the health department believe this is happening now? Is this like a delayed reaction of previous low vaccination rates?” 2News asked her.

“Yeah, I think unfortunately our vaccine rates have gone down over time, and we do now have a number of people who are vulnerable to this infection, and they haven’t been protected,” Nolen said. “There also has been cases in neighboring states, and so it was easy to introduce here in Utah.”

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The DHHS stated that roughly 90% of the population is vaccinated, but those rates vary from area to area and aren’t enough to reach herd immunity for measles.

“Measles is highly contagious. It’s the most contagious infection we know of,” Nolen said. “The data historically says that if you have 20 people in a room and somebody with measles comes in, 18 of those people are going to get measles.”

She said that since the outbreak started, the health department has given 30% more vaccines than they did last year at this time. She said most infections can be traced back to southwestern Utah and appear to be from in-state travel.

“It’s likely in Utah, many hundreds of Utahns who are vaccinated have been exposed to this virus, and they did not know it, and their bodies fought it off as it should,” Nolen said.

The second largest outbreak in Utah is in Utah County, with 10 confirmed cases.

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The state is asking people to cooperate with the health department’s contact tracers if they call.

If you suspect measles in yourself or a loved one, they urge you not to go to a clinic waiting room but call ahead for the next steps to stop the spread.

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