State to Appeal Judge's Unconstitutional Ruling Blocking School Vouchers

What happens when an activist judge makes a ruling so bad that even she doesn’t believe in it?

She doesn’t even bother to enforce it.

That’s because the judge knows her fatally flawed ruling will be overturned on appeal.

And that’s what is sure to happen after Franklin County Common Pleas Judge Jaiza Page (a court selected by judge-shopping plaintiffs) ruled one month ago that Ohio’s school voucher program is unconstitutional.

But Page also imposed a stay on her own ruling, should the state choose to appeal, which was a 100% certainty. 

The odds are also about 100% that the case will reach the Ohio Supreme Court (after heading to the 10th District Court of Appeals, dominated by Democratic judges), which is almost certain to overrule Judge Page and side with the state.

Ohio Attorney General Dave Yost and House Speaker Matt Huffman put that inevitable chain of events in motion on Monday, when they held a press conference announcing the state will appeal Page’s ruling.

It’s easy to see why her ruling doesn’t stand a chance, once you know the basic facts of the case.

Page declared “the State may not fund private schools at the expense of public schools or in a manner that undermines its obligations to public education,” and that “the General Assembly decided not to fully fund public schools.”

Surely she knows both of those statements are simply incorrect – perhaps that’s why she has no confidence her ruling will survive.

The General Assembly has not only “fully” funded Ohio’s public K-12 schools, it provided record funding of $9.6 billion in fiscal year 2024, and an even greater record increase of $9.9 billion in fiscal year 2025.

Just last month, the General Assembly’s most recent budget added nearly a billion dollars more into Ohio's public schools.

The previous state budget made history by making every Ohio student eligible for an EdChoice Scholarship for the first time in state history.

Families became eligible for vouchers regardless of income, based on a sliding scale of income eligibility.

Republican leaders want every child in Ohio get the best education possible. And they want every parent to have the opportunity to send their children to the school of their choice.

Those parents are grateful, as was made clear during Monday’s press conference, which featured some very special guests and these comments from EdChoice parent Monica Williams.

That sentiment was affirmed in this observation by Tom Fischer, Vice President of EdChoice Legal Advocates and Director of Litigation.

House Speaker Matt Huffman flipped the script on Judge Page’s erroneous assertion that state funding of religious education in Ohio is unconstitutional.

This is the section of the Ohio Constitution to which Huffman was referring, with the relevant sentence highlighted.

Attorney General Yost assured parents that, despite the judge’s ruling, nothing has changed and nothing is preventing them from selecting the school of their choice for the upcoming year.

Ohio State Rep. Jamie Callender pointed out that the highest court in the land has already backed the state’s case.

Rabbi Yitz (Eric) Frank, President of School Choice Ohio, noted how every scholarship voucher saves taxpayers thousands of dollars, contrary to Judge Page’s flawed assertion that the state is funding “private schools at the expense of public schools.”

President of Center for Christian Virtue Aaron Baer took school districts to task for spending taxpayer money on frivolous lawsuits while complaining they need more taxpayer money.

And, Yost reassured Ohio parents that they will not lose their right to do what is best for their children.