Today, the Idaho Supreme Court heard oral arguments in Committee to Protect & Preserve v. State of Idaho, a case challenging the constitutionality of House Bill 93, the $50 million tax-credit voucher program passed by Republican lawmakers during the 2025 legislative session.
The lawsuit was brought by parents, educators, and pro-education organizations who argue the program violates Article IX of the Idaho Constitution, which requires the state to maintain a uniform, free system of public schools open to all students. Petitioners argue the law creates a separate, publicly subsidized funding stream for private education with fewer standards and less accountability than Idaho’s public schools. A Utah court struck down a similar voucher law on the same constitutional grounds.
Idaho Democratic lawmakers have long opposed voucher schemes, warning they divert public resources away from neighborhood schools while failing to guarantee access, transparency, or results. Democrats unanimously voted against the measure and, last week, House and Senate Democratic leaders sent a letter to the Idaho Tax Commission calling for meaningful oversight before any taxpayer dollars are distributed.
The case comes amid renewed concern over the expansion of private school subsidies. Earlier this week, Gov. Brad Little adopted a new federal tax credit allowing donors to claim up to $1,700 for contributions to “scholarship granting organizations,” creating another pathway for subsidizing private education through the tax code.
In response, the Idaho Joint Democratic Caucus released the following statements:
Statement from Senate Democratic Leader Melissa Wintrow:
“At a time when public schools are facing rising costs and Idaho families are asking for real investment in classrooms, it is unconscionable for Republican leaders to defend tens of millions of dollars in tax giveaways instead of fully meeting the state’s existing obligations, including closing the special education funding gap. Kids who need extra support can’t wait for political priorities to shift. Idaho should be putting its money into the schools that take every student who walks through the door, in every community. Idaho Democrats will keep fighting for public schools and for families who are counting on us to get this right.”
Statement from House Democratic Leader Ilana Rubel:
“This case is about whether the state can use the tax code to get around the Constitution. Article IX exists for a reason. Idaho is required to build and maintain a uniform, free public school system, not subsidize a separate private system with fewer protections for students and taxpayers. This law is a voucher scheme, regardless of how it is labeled. It pulls resources and focus away from public schools while creating a program with no real accountability or transparency. If that workaround is allowed, it sets a precedent that invites even more public dollars to be diverted from the public school system Idaho is constitutionally required to fund and maintain.”
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