A Leon County judge Wednesday removed from the November ballot a proposed amendment that would have let state money flow to religious institutions, lifting a prohibition in place since 1885.

But Circuit Judge Terry Lewis’ decision won’t be the last word. Under a new law approved last spring, Attorney General Pam Bondi know gets 10 days to rewrite the ballot proposal — meaning it is still likely to go before voters in November.

The state’s largest teachers union as well as several religious clergy had urged that Lewis not only remove the proposed amendment, arguing that the ballot title and summary language of Amendment 7 will mislead voters, but also erase the new attorney general’s provision as unconstitutional.

Lewis agreed with opponents’ amendment argument. But he let the rewrite by the executive branch stand. But the teachers’ union was quick to declare victory.

“Amendment 7 would have required taxpayers to fund a broad array of religious programs and institutions,” said Andy Ford, president of the Florida Education Association. “The judge agreed that taxpayers and voters need to be told the truth and that the purpose and effect of the amendment was not clear in the ballot summary and was misleading to voters.”

Rep. Scott Plakon, R-Longwood, was among the sponsors of the measure (CS/HJR 1471), approved mostly along party lines in the Republican-controlled Legislature.

Plakon and other supporters said the measure was designed merely to remove discriminatory language from the state’s Constitution, which they say is rooted in 19th Century anti-Catholic fervor. Florida is among more than 35 states with such so-called Blaine amendments, named for a former Maine congressman who proposed such a restriction in the U.S. Constitution.

Despite the prohibition, the Legislature already directs millions of public dollars each year to religious-affiliated organizations in Florida to serve foster children, prison inmates, and low-income and elderly Floridians.

The Florida Supreme Court has never embraced a hard-line interpretation of the Blaine prohibition. Instead, earlier rulings allowed such spending if it promotes the general welfare, as opposed to advancing religious doctrine.

After months of promising action, the state’s largest teachers’ union looks ready to bring Gov. Rick Scott and the Republican-ruled Legislature to court in an attempt to overturn a measure that creates a new merit pay standard and ends teacher tenure.

The legislation (CS/SB 736) was the first bill signed into law this spring by Scott. But it also marked was the culmination of a increasingly bitter clash between Florida Republicans and the Democratic-allied Florida Education Association, a struggle whose roots are deep.

FEA President Andy Ford and other leaders of the teachers’ group plan to outline the lawsuit they plan to file during a news conference and media call tomorrow.

The merit pay legislation requires that 50 percent of a teacher’s evaluation be based on student achievement on tests — including the Florida Comprehensive Assessment Test (FCAT) and other standardized exams, most of which must still be developed by state and local educators.

Under the bill, current teachers would retain existing pay schedules and contracts — even those spanning multi-years. They could lose their jobs, though, if they drew two subpar annual evaluations within three years.

Teachers hired after July 1, however, are limited to one-year contracts and would draw raises only if rated “effective” or “highly effective.”

Former Gov. Charlie Crist vetoed a similar bill last year. But during last fall’s governor’s race, Scott made ending teacher tenure and enacting merit pay a central portion of his campaign, with the FEA throwing in heavily behind Democrat Alex Sink.

The FEA is already squared off against the Legislature, having earlier this summer sued to overturn a proposed constitutional amendment put on next year’s ballot to lift the state’s more than century-old prohibition on tax dollars flowing to religious institutions.

A proposed constitutional amendment that would make it clear that state money can go to religious institutions was approved Friday by the Senate, putting the measure on the ballot next year.

The state constitution has a so-called “Blaine Amendment,” which prohibits tax dollars from directly or indirectly going to sectarian purposes. It’s been used to challenge faith-based programs that get government grants.

Backers say if government grant money could clearly go to sectarian institutions, it wouldn’t be used directly for religious purposes. But the provision, if approved by voters, could make it clear that state money can go to private religious schools, such as in a voucher, though the state’s main voucher program was found unconstitutional on other grounds.

Still, some vouchers, such as those used by disabled children, remain authorized, though backers of the bill have said they fear those scholarships could be threatened by the constitutional “Blaine Amendment.”

Removing the provision, however, would also make it clear that Medicaid money going to church-affiliated health care providers is OK, halfway houses that are run by ministries or other organizations are legal, or that churchs could get state money for an after-school sports league.

Opponents had worried that because the state can’t discriminate against religions, it also would make for the possibility of taxpayer dollars going for some possibly unpopular religious organizations.

Sen. Dennis Jones, R-Clearwater, noted that if it passes, state money could go to the Church of Scientology. Others have noted that it could go to the Koran-burning church in Gainesville, or it might allow for a voucher to be used by a student to attend a conservative Islamic religious school, meaning taxpayers would be paying for Islamic fundamentalist education.

“We may be very sorry we have voted for this amendment,” Sen. Evelyn Lynn, R-Ormond Beach said Friday. “This has great dangerous potential for all of us…be very careful about your vote.” The bill’s sponsors have said any religious discrimination is bad, no matter the religion.

The bill passed the Senate 26-10.

– News Service of Florida

There’s been tough talk. Ignored priorities. Charges of flip-flopping. Even a lawsuit.

But the political marriage of Republican Gov. Rick Scott and the GOP-dominated Legislature may yet end its rocky honeymoon stage with the first-year executive claiming some big victories and the party powerfully positioned for next year’s elections.

And, in the nation’s biggest toss-up state, the sharply right policies advanced by Scott and Republican super majorities in the House and Senate also will give Democrats potent weapons for next year’s campaigns.

“It’s been mean-spirited and an overreach by the Republicans,” said Rich Templin, a spokesman for the Florida AFL-CIO, a labor union allied with Democrats. “I think we’re going to be able to say to voters, ‘Look what they did. Who do you think cares about working families of Florida?’ “

But House Speaker Dean Cannon, R-Winter Park, said he’s not worried.

“Two-thirds of the legislative branch is Republican so clearly, the people have sent a more Republican group of representatives to their government,” Cannon said. “So I think it’s only natural that you would see initiatives or proposals that will reflect that.”

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