Another state high court has rejected a lawsuit challenging tax credit scholarships that help students pay private school tuition.
The Atlanta Journal-Constitution reports:
Under an opinion by the Supreme Court of Georgia, the program that provides tax exemptions to those who contribute to scholarships for students to use at private schools, including religious schools, will remain in place.
With today’s decision, the high court has unanimously upheld a Fulton County court ruling that says taxpayers who challenged the program as unconstitutional had no standing, or right, to bring their constitutional challenge.
“Plaintiffs’ complaint fails to demonstrate that plaintiffs are injured by the program by virtue of their status as taxpayers,” Justice Robert Benham writes for the Court. “Consequently, plaintiffs’ taxpayer status fails to demonstrate a special injury to their rights so as to create standing to challenge the program.”
A court concluded the people challenging a scholarship program funded by private donations couldn't show they were harmed. The court rejected the lawsuit.
Sound familiar?
Earlier this year, the Florida Supreme Court declined to re-examine a state appeals court ruling that reached the same conclusion. The New Hampshire and U.S. Supreme Courts have previously rejected lawsuits challenging tax credit scholarships on similar grounds.
It's becoming increasingly clear that, at least in most states, tax credit scholarships are on solid legal footing.
