There is a great debate about Amendment 2. As a Christian, conservative, private education enthusiast and educational business owner, you would think that I would support it. Despite the temporary financial windfall that might benefit me, I do not support Amendment 2.
I’ve seen this story before. The original tax credit bill (HB 563) that the legislature passed in 2021 is more benign than most school choice programs. Amendment 2 doesn’t simply codify the original program. Instead, it opens the door for more risky policies that I could not support.
Consequently, I suggest a path to address the root cause of what is happening in this conflict between the legislature and the Kentucky Supreme Court, rather than chasing the symptoms of this conflict.The Kentucky Supreme Court, with its radical leftwing ideology, is the root of the problem. Not only are they taking a liberal interpretation of the text now, but they also base their argument on poor precedent from the 1989 Kentucky Supreme Court decision. The Court “found Kentucky’s common school finance system to be unconstitutional and discriminatory.” The decisions and definitions put forth in this case have plagued the Kentucky education climate ever since.
Theologian G.K. Chesterton wrote that you shouldn’t move a fence if you don’t know why it was put there. This concept is known as the Chesterton Fence Paradox. The Kentucky Constitution has a long tradition of guaranteeing the right to educate your child according to your own conscience; it has been a strong fence to protect Liberty. The Constitution is working to protect your rights now. Amendment 2 is simply a workaround because the Supreme Court struck down a tax credit bill passed by the legislators. That decision was wrong, so the right way to remedy the actual problem is to elect a new state supreme court, not tear down the Kentucky Constitution, which has been and will be a good fence to protect your liberty.
When private schools and homeschooling families become dependent on government funding, they tie their fate to the political winds of the current administration. Any change or shift in legislative priorities could result in the sudden loss of funding, throwing entire educational ecosystems into chaos. Kentucky has certainly swung from one party to another in the past and will again in the future. That is why the current language in the Kentucky Constitution, which protects private education from the corrupting influences of government, is so important to preserve. Already, similar school choice programs in other states are being altered by changing legislative bodies to add strings, hoops, and more paperwork for the families to be eligible to participate in these tax schemes. The price of freedom isn’t free.
In the case of Amendment 2, this “cure” doesn’t match the problem at hand. It is the wrong solution because the corrupt Supreme Court’s political bias is still an issue that needs to be solved. With limited time and resources, we ought to be focused on flipping the court, not passing amendments to a constitution that the court will continue to ignore or misread anyway. And there is no guarantee that future legislative bodies will carry out the more benign intent of the well-meaning legislators currently in office. No one can give any assurances that future legislative bodies will voluntarily protect your freedom and liberty.
The Bible tells the story of Esau and Jacob. Esau, the older brother, had a birthright to inherit his father’s estate. Being hungry after a hunt one day, he came home to find his brother with a big bowl of soup. Due to his hunger pains, he sold his birthright for a cup of soup. The lesson of the story is don’t sell your birthright, which is protected by the Constitution—the right to private education free from government control. Protect your birthright from the unknown consequences of passing Amendment 2.
Vote “No” on Amendment 2.
Robert Bortins is CEO of Classical Conversations, a national homeschooling group.
