Marion County, USA - A lawsuit challenging the constitutionality of the state's school-voucher program might have hit a roadblock Monday.
A Marion County judge said he will not halt the program while the lawsuit works its way through the court system because he thinks the claim has little chance of succeeding.
The ruling denying a temporary injunction came as a blow to teachers and parents who sued Gov. Mitch Daniels and Superintendent of Public Instruction Tony Bennett in July, claiming the voucher program is unconstitutional.
Teresa Meredith, vice president of the Indiana State Teachers Association and a plaintiff in the case, said she's not sure whether they will continue to press the case, but they plan to meet with their attorneys today to discuss their strategy.
"I certainly hope we do something to move it forward, but I'm not sure what we'll do," Meredith said.
The judge's decision pleased Bennett.
"I don't think there's a question that this is one of what will likely be a number of steps that will validate the fact that this is constitutional and in the best interests of Indiana children and families," he said.
The plaintiffs argued that the state cannot use public money to benefit primarily religious institutions, such as Catholic and Christian schools.
Of the more than 240 schools that are participating in the program, all but six are religious, attorney John West said last week as he tried to persuade Marion Superior Court Judge Michael Keele to grant his request for a preliminary injunction.
Indiana Solicitor General Thomas Fisher argued that the money will be used to provide a better education for children, not to directly benefit religious schools. He added that parents can use the vouchers to send children to nonreligious schools in other districts.
In his ruling, Keele said the plaintiffs "failed to demonstrate any likelihood of success on the merits" of the case, a key criterion for getting a preliminary injunction.
Indiana Attorney General Greg Zoeller, whose office is representing the state, issued a statement Monday calling the ruling "a victory for Hoosier students and families" who plan to use the program.
Attorney Bert Gall, representing two Indianapolis mothers who joined the state in fighting the lawsuit, said last week that a preliminary injunction would disrupt the education of children who are already in school. So far, 2,853 students have received vouchers, including the children of his clients.
Gall issued a statement Monday praising Keele's ruling and vowing to stay in the fight.
"We've won round one," Gall said, "and we'll continue fighting until we give this meritless lawsuit a knockout punch."
Indianapolis Public Schools Superintendent Eugene White said Monday he was surprised and disappointed by the ruling.
White thinks the program violates the constitutional separation of church and state by providing aid to religious schools. That the program will go forward this year will be costly to IPS, he said.
Statewide, 18 percent of all voucher students live in IPS, by far the highest percentage of any district.