Frank wrote in part:

>I do recall, about 30 years ago as a University of Idaho transfer
>student, that theology and religion courses I took at an
>accredited college in Chicago, were forfeited for credit at the U
>of I.  It ticked me off at the time, since I believed, and still
>do, that the State, regardless of any supposed uniformity
>requirement prohibiting religion and state, ought to at least
>recognize academic word at an accredited private college.

The word "uniform" in the Fla. constitution referring to schools is entirely
a separate issue from religion-and-state matters.

>I wouldn't suggest here however, that the Federal courts ought to
>step in and order Idaho (or Florida) to conform to a nationally
>mandated standard recognizing accredited institutions courses,
>including those in theology or religion, but there seems to be a
>lot of empty rhetoric here in employing definitions that probably
>weren't intended at the time State Constitutions were ratified.
>It is interesting that since both Idaho and Florida became States
>long before the beginning of the 20th Century, it is doubtful at
>least in my mind, that either Legislature drafting such
>Constitutions intended that the State should NOT recognize
>studies in religion, or theology, as academic disciplines insofar
>as State colleges and universities are concerned.

>In other words, the current problem with the Florida State
>Constitution is probably something in the order of rather recent
>origin (say within the last 30-50 years) of reinterpretation by
>various State Courts on something their Constitution probably was
>never intended to address at all.

THAT part MAY be true, but it had nothing to do with religion-and-state
questions.  What the court ruled was basically that this particular voucher
program (one intended to rescue students from poorly performing gov't
schools) was unconstitutional because allowing some students this extra
chance would result in a non-uniform system -- that is, that some would get
better than others by this diversion of funding from gov't to private
(secular or religious, no matter) schools.

There are suggestions of litigation over Fla.'s OTHER voucher programs based
on their constitution's SEPARATE mention of considerations pertaining to
religion.  So that's a different matter.

In Your Sly Tribe,
Robert

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