Voters may be asked to remove Florida's church-state ban

[D_Raay]

http://www.palmbeachpost.com/news/co...ster_1216.html

Christian conservatives frustrated by court rulings that have found a school voucher program unconstitutional may have hit upon a possible solution: changing the constitution.

Sen. Daniel Webster, a former House speaker and now the chairman of the Senate Judiciary Committee, said Wednesday he is exploring the possibility of a citizens initiative to repeal the 136-year-old wording that separates church and state in Florida.

Religious conservatives were dealt a blow last month when the 1st District Court of Appeal — the appellate court that the executive and legislative branches traditionally have afforded great deference in the interpretation of state laws — agreed with a trial court that the state's Opportunity Scholarship voucher program was unconstitutional because it sent public money to religious schools.

But Webster said the ruling, if it's upheld by the state Supreme Court, goes beyond vouchers. The language in the constitution prohibits giving tax money "directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution" — a definition Webster said could include colleges, hospitals and other groups that are affiliated with a religious institution.

"It's huge," he said of the potential impact.

Webster said he first thought about seeking a constitutional amendment "a couple of days" after the ruling was released Nov. 12. He said the state high court could well uphold the appeals court because of how clear the constitution seems on the matter.

"It's pretty strong language," he said. "No doubt about it."

Critics immediately pounced on Webster for supporting unconstitutional voucher laws — the state now has three voucher programs on the books and is in the process of instituting a pre-kindergarten plan that will also send state money to religious schools — and then trying to undo the very constitution he took an oath to defend as a legislator.

"So if the constitution stands in the way of their radical agenda, don't change the radical agenda — change the constitution," said Howard Simon, head of the American Civil Liberties Union of Florida.

Webster should include in his ballot initiative language to abolish the public school system, Simon said, "because that's what its real effect would be. Maybe a little bit of honesty is what's needed."

Webster, so far, has not consulted political groups, he said, and has spoken only with colleges and hospitals that he says stand to be cut off from state programs.

Gov. Jeb Bush this week said he was not convinced that a constitutional amendment was necessary because the Supreme Court might still overturn the appeals court. Bush this year successfully pushed through a ballot initiative repealing the bullet train and is now trying to repeal the voter-approved class-size amendment.

Bill Stephens, director of the Florida Christian Coalition, said he was not aware of Webster's plan but had heard general rumblings. "There have been rumors floating that this would be attempted," he said, adding that he expected his group would endorse the plan.

Webster would aim for putting the question on the 2006 ballot, he said, which means he would need to gather more than 600,000 valid signatures, based on the number of voters in last month's general election.

Ron Meyer, the lawyer who has so far successfully pushed the voucher lawsuit through trial and appellate courts, said he was not surprised by the effort and that he always assumed that religious conservatives would eventually try to change the constitution.

"It's disappointing," he said. "Florida has long abided by the separation of church and state. I really question whether the people of Florida will want to remove their constitutional protection from using their money, involuntarily, to support religious institutions."

Meyer cautioned potential supporters, though, that opening state money to religion meant opening it to all religions, including fringe groups.

"The religious right needs to be careful what they wish for," he said.

"BURN THE HERETICS! BURN THE HERETICS! Ummm, any of you child molesters remember how matches work?"