CHARLESTON — The West Virginia Christian Education Association has filed a friend-of-the-court brief supporting the state’s appeal of an injunction that kept the Hope Scholarship Act from going into effect.
In the amicus brief filed September 22, the group supported Attorney General Patrick’s Morrisey’s appeal of the case, saying the Hope Scholarship program would allow thousands of families to send their children to schools aligned with their values.
“Thousands of West Virginia families, including those from impoverished areas, rely on Hope Scholarships to send their children to good schools that align with their values,” said John Bursch, senior counsel for Alliance Defending Freedome and vice president of Appellate Advocacy. “The circuit court’s unlawful move to prevent this program from going into effect has posed significant hardships to West Virginia Christian Education Association schools, other Christian schools across the state, and low-income families, forcing them to make difficult and unnecessary decisions.
“We urge West Virginia’s high court to right this wrong and allow the Hope Scholarship program to be fully implemented as soon as possible.”
Earlier this month, Morrisey’s office filed an opening brief asking the state Supreme Court to dissolve the permanent injunction against the Hope Scholarship Act and remand the case back to Kanawha Circuit Court for dismissal.
“The decision by a Kanawha Circuit Court judge is flawed in many ways and only does one thing: render harm to the thousands of families set to receive funds from the act,” Morrisey said. “This is about the rights of those parents to choose the best possible education for their children, and the act is a vehicle to make that happen.”
According to the filing, the act passed by the Legislature and signed by the Governor last year “sought to open more doors for our state’s most vulnerable population — our children.” The act would provide money for students leaving the public schools system — the scholarship allows families to use the funding for a variety of expenses, including tuition and fees at participating private schools and other educational activities.
The act “did not draw a cent from the School Fund or take anything from appropriations reserved for public education,” Morrisey's brief states.
It also says the circuit court “straightjacketed the Legislature on education matters, barring it from spending state funds on any educational initiative beyond traditional public schools.”
“Parents and children deserve the chance to enjoy the opportunities the Hope Scholarship Act offers,” Morrisey said.
The state Supreme Court has scheduled an expedited hearing on the state’s appeal for October 4.
Other amicus briefs supporting Morrisey's appeal have been filed. Those include briefs by Bishop Mark E. Brennan of the Diocese of Wheeling-Charleston, yes.every kid.Foundation, Americans for Prosperity Foundation, EdChoice, Foundation for Excellence in Education, Cardinal Institute for West Virginia Inc., Catholic Education Partners Foundation and Goldwater Institute.
West Virginia Supreme Court of Appeals case number 22-616
