Kentucky Supreme Court strikes down school choice law
Court Alerts
School choice advocates suffered a bitter defeat Thursday, when Kentucky’s Supreme Court struck down a state law that allowed donors to receive tax credits for supporting private school tuition.
In its unanimous decision, the high court said the 2021 measure violated the state’s constitution as the justices upheld a lower court ruling issued more than a year ago.
The law’s opponents objected to using the state tax code to aid private education. The measure’s supporters said tax credits didn’t amount to government spending, even if they decrease revenues.
The measure was narrowly passed by the Republican-dominated legislature over Democratic Gov. Andy Beshear’s veto. It created a form of scholarship tax credits — referred to by supporters as “education opportunity accounts.” Under the measure, private donors backing the accounts would be eligible for tax credits.
The Supreme Court ultimately found that the formula violated the constitution.
“We are compelled to agree that the EOA Act violates the plain language of Section 184” of the state constitution, Deputy Chief Justice Lisabeth T. Hughes said in writing for the court. “Simply stated, it puts the Commonwealth in the business of raising “sum(s) . . . for education other than in common schools.”
Related listings
-
Idaho Supreme Court won’t weigh legality of child marriage
Court Alerts 10/20/2022A legal loophole in Idaho that allows parents of teens to nullify child custody agreements by arranging child marriages will remain in effect, under a ruling from the state Supreme Court on Tuesday.In a split decision, the high court declined to deci...
-
Bench trial for a man accused of killing 2 women in Phoenix
Court Alerts 10/02/2022A bench trial is scheduled to begin Monday for a man accused of sexually attacking and fatally stabbing two young women in separate killings nearly 30 years ago near a metro Phoenix canal system.Bryan Patrick Miller, 49, is charged with two counts ea...
-
Abortion floor debate splits South Carolina Republicans
Court Alerts 09/07/2022South Carolina’s Senate debate on an abortion ban that would no longer include exceptions for pregnancies caused by rape or incest started Wednesday with the chamber’s three Republican women taking a stand against a bill they said doesn&r...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.