The challengers have described the program as a broad assault on the state’s public schools. They also contend it violates fundamental provisions of the state constitution. Hobgood agreed Thursday that the program also violates the state constitution.
The state received more than 5,500 applications for vouchers before a February ruling in which Hobgood froze distribution of the funds. Hobgood said that he had heard enough evidence to question the constitutionality and allowed the lawsuit to proceed despite requests for a dismissal.