BUSH v. HOLMES

Nos. SC04-2323 to SC-4-2325.

919 So.2d 392 (2006)

John Ellis "Jeb" BUSH, etc., et al., Appellants, v. Ruth D. HOLMES, et al., Appellees. Charles J. Crist, Jr., etc., Appellant, v. Ruth D. Holmes, et al., Appellees. Brenda McShane, etc., et al., Appellants, v. Ruth D. Holmes, et al., Appellees.

Supreme Court of Florida.

January 5, 2006.


Attorney(s) appearing for the Case

Barry Richard and M. Hope Keating of Greenberg Traurig, P.A., Daniel Woodring, General Counsel, Nathan A. Adams, IV, Deputy General Counsel, Florida Department of Education, and Raquel A. Rodriguez, General Counsel and Robert H. Fernandez, Deputy General Counsel, Office of the Governor, Tallahassee, FL, for Appellants John Ellis "Jeb" Bush, etc., et al.

Charles J. Crist, Jr., Attorney General, Christopher M. Kise, Solicitor General, Louis F. Hubener, Chief Deputy Solicitor General, Erik M. Figlio, and James A. McKee, Deputy Solicitor Generals, Tallahassee, FL, for Appellants Charles J. Crist, Jr., etc.

Clark M. Neily and Clint Bolick of the Institute of Justice, Washington, D.C., Kenneth W. Sukhia of Fowler, White, Boggs and Banker, P.A., Tallahassee, FL and Major B. Harding and Jason Gonzalez of Ausley and McMullen, Tallahassee, FL, for Appellants Brenda McShane, etc., et al.

Ronald G. Meyer of Meyer and Brooks, P.A., Tallahassee, FL; Robert H. Chanin and John M. West of Bredhoff and Kaiser, PLLC, Washington, D.C., Pamela L. Cooper, Florida Education Association, Tallahassee, FL, Randall Marshall, ACLU Foundation of Florida, Inc., Miami, FL, David Strom, American Federation of Teachers, Washington, D.C., Joan Peppard, Anti-Defamation League, Miami, FL, Steven M. Freeman and Steven Sheinberg, Anti-Defamation League, New York, NY, Ayesha N. Khan and Richard B. Katskee, Americans United For Separation of Church and State, Washington, D.C., Elliot M. Mincberg and Judith E. Schaeffer, People for the America Way Foundation, Washington, D.C., Steven R. Shapiro, American Civil Liberties Union Foundation, New York, NY, Michael A. Sussman, National Association for the Advancement of Colored People, Goshen, NY, Marc D. Stern, American Jewish Congress, New York, NY, Julie Underwood, National School Boards Association, Alexandra, VA, and Jeffrey P. Sinensky, American Jewish Committee, New York, NY, for Appellees Ruth D. Holmes, et al.

Valerie A. Fernandez, Coral Gables, on behalf of Independent Voices for Better Education, Teachers for Better Education, Ira J. Paul, and Pacific Legal Foundation; Gregory R. Miller, United States Attorney and E. Bryan Wilson, Assistant United States Attorney, Northern District of Florida, Tallahassee, FL and David K. Flynn, Eric W. Treene, Gordon Todd Conor Dugan, and R. Alexander Acosta, Assistant Attorney General Attorneys for United States Department of Justice, Civil Rights Division, Washington, D.C., on behalf of The United States; Carlos G. Muniz of GrayRobinson, P.A., Local Counsel, Tallahassee, FL, G. Marcus Cole, Professor of Law, Stanford Law School, Stanford, CA, and Briscoe R. Smith, Atlantic Legal Foundation, New York, NY, on behalf of Black Alliance for Education Options, Hispanic Council for Reform and Educational Options, Excellent Education for Everyone, Center for Education Reform and Reason Foundation.

Stephen C. Emmanuel of Ausley and McMullen, Tallahassee, FL, Professor Thomas C. Berg, University of St. Thomas School of Law, Minneapolis, MN, and Professor Richard W. Garnett, University of Notre Dame School of Law, Notre Dame, IN, on behalf of Florida Catholic Conference, Inc., Association of Christian Schools International, Christian Schools International, Friends of Lubavitch of Florida, Inc., Salvation Army-Florida Division, American Center for Law and Justice, and Christian Legal Society.

Isaac M. Jaroslawicz of Givner and Jaroslawicz, Miami, FL, Anthony R. Picarello, Jr. and Derek L. Gaubatz, Washington, D.C., on behalf of The Becket Fund for Religious Liberty.

Scott D. Makar, Chief, Appellate Division, Office of General Counsel and Devin J. Reed, Director, Department of Procurement, Jacksonville, FL, on behalf of The City of Jacksonville, Office of the Mayor.

Lansing C. Scriven, Tampa, FL, Robert R. Gasaway, Ashley C. Parrish and Padraic B. Fennelly of Kirkland and Ellis, LLP, Washington, D.C., on behalf of The Coalition of McKay Scholarship Schools; The Florida Association of Academic Nonpublic Schools; The Florida Council of Independent Schools; The Florida Association of Christian Colleges and Schools; The Child Development Education Alliance; Redemptive Life Academy; Leah Ashley Cousart; Ed and Carmen Delgado; Martha Parker; and Michelle Emery.

Timothy W. Weber and Andrew W. Lennox of Battaglia, Ross, Dicus and Wein, P.A., St. Petersburg, FL, on behalf of The Berkshire School, Sagemount Learning Academy, The Broach School, Pathways School, The Randazzo School, Victoria's Higher Learning Academy and Glades Day School, as Amici Curiae in support of Appellants.

Talbot D' Alemberte, Florida State University, College of Law, Tallahassee, FL, on behalf of Professor Steven G. Gey.

Karen Gievers, Tallahassee, FL and Steven K. Green, Williamette University, College of Law, Salem, OR, on behalf of The Baptist Joint Committee, The Union for Reform Judaism, Americans for Religious Liberty, The National Council of Jewish Women, and The Jewish Labor Committee.

Bill McBride, Tampa, FL, on behalf of The National PTA, The National School Boards Association, The American Association of School Administrators, The National Association of Bilingual Educators, The United Church of Christ Justice and Witness Ministries, and The International Reading Association, as Amici Curiae in support of Appellees.

Timothy W. Weber and Andrew W. Lennox of Battaglia, Ross, Dicus and Wein, P.A., St. Petersburg, FL, on behalf of Lyonsdown School, Inc. d/b/a The Berkshire School, Sagemount Learning Academy, Inc., The Broach School of Jacksonville, Inc. d/b/a Broach School Mandarin, Pathways School, Inc., Alternate Education Systems, Inc. d/b/a The Randazzo School, Victoria's Higher Learning Academy, Inc., and Glades Day School, Inc., as Amici Curiae—Non-party.


PARIENTE, C.J.

Because a state statute was declared unconstitutional by the First District Court of Appeal, this Court is required by the Florida Constitution to hear this appeal. See art. V, § 3(b)(1), Fla. Const. The issue we decide is whether the State of Florida is prohibited by the Florida Constitution from expending public funds to allow students to obtain a private school education in kindergarten through grade twelve, as an alternative to a public...

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