fbpx
Connect with us

Mississippi Today

Supreme Court hears oral arguments in lawsuit challenging public money to private schools

Published

on

Attorneys for public school advocates said in oral arguments Tuesday before the Mississippi Supreme Court that the state constitutional provision that prevents public funds from going to private schools is “ironclad.”

Attorneys Rob McDuff and Will Bardwell, representing for , said at the time of the writing of the 1890 Mississippi Constitution that public funds were being spent on private schools and the framers of the constitution sought to prevent that from occurring. Section 208 of the constitution says, in part, that public funds shall not be provided to any school “not conducted as a free school.”

The Parents for Public Schools organization filed a lawsuit in 2022 challenging the constitutionality of a $10 million state legislative appropriation made to the Midsouth Association of Independents Schools.

“Section 208 expresses a simple principle: public money shall go to public schools,” McDuff told a three-justice panel of the nine-member Supreme Court on Tuesday.

Only justices Leslie King of the Central District, Robert Chamberlin of the Northern District and David Ishee of the Southern District heard the oral arguments, though it is possible that all nine justices will rule on the issue. The case was appealed to the Supreme Court by state Lynn Fitch after Hinds County Chancellor Crystal Wise Mastin ruled the Legislature’s action was unconstitutional.

Advertisement

READ MORE: Lawmakers spent public money on private schools. Does it violate the Mississippi Constitution?

Justin Matheny of the Attorney General’s Office argued Tuesday that it was OK for the Legislature to appropriate the money to the state’s private schools for repairs because the funds were not state money but were part of the more than $1 billion in federal funds provided to the state for relief.

Additionally, Matheny pointed out the funds were not directly appropriated to the private schools by the Legislature, but to the state Department of Finance and Administration with the instruction to send the money to the private schools in the form of grants. King of the Central District, who presided over the three-justice panel, told Matheny that it was the custom of the Legislature to appropriate most funds to state agencies with instructions to the money to the entity that the Legislature intended to the funds.

Matheny also argued that the Parents for Public Schools was not directly harmed by the Legislature’s action so the advocacy group did not have standing to bring the case. Bardwell argued that the group as taxpayers, including taxpaying parents of public school students, did have standing.

Advertisement

King asked Matheny if he was arguing that sometimes there is no one with standing to file a lawsuit challenging a legislative action as unconstitutional.

Matheny replied, “It is possible and it should not bother anyone” since no one was harmed by the legislative action. He said the appropriated money was not state funds reserved for public schools, so no one was harmed.

Chamberlin then posed a hypothetical to McDuff: If Congress earmarked money specifically for private schools, would the Mississippi Legislature be able to appropriate it to the private schools then? McDuff replied the Legislature would not under Section 208 of the state constitution. Of course, under Chamberlin’s hypothetical, Congress could bypass the Legislature and send money directly to the private schools just as it did to public schools as part of some of the COVID-19 relief funds.

PODCAST: Will Mississippi Supreme Court stop public funds from going to private schools?

Advertisement

The money the Legislature appropriated to the private schools in 2022 was part of a pot of federal discretionary funds that were sent to the states to be used in numerous , including on infrastructure improvements. But since the money was public, Bardwell and McDuff argued, in Mississippi it could not go to private schools.

Buck Dougherty of the Liberty Justice Center argued that the private schools should be allowed to intervene in the case. The private schools were not allowed to intervene in the lower Hinds County Chancery Court. Martin, the judge in the original case, ruled that the request to intervene was made too late.

In addition, Dougherty argued that Section 208 of the state constitution violates the U.S. Constitution. He said that constitutional provisions in various states prohibiting public money from going to private religious schools have been ruled as unconstitutional by the .

But Bardwell pointed out that the issue is not public money going to religious schools.

Advertisement

He said the U.S. Supreme Court has ruled repeatedly that “the state is not obligated to fund private schools.” But if a state is providing funds to a private school, it cannot discriminate against religious schools. The key difference, Bardwell said, is that Mississippi Constitution’s Section 208 prohibited public funds from going to all private schools.

Numerous people on both sides of the issue attended the Tuesday oral arguments in downtown .

READ MOREPoliticians want private school vouchers, but not a vote to amend constitution to allow them

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Advertisement

Mississippi Today

A Mississippi town moves a Confederate monument that became a shrouded eyesore

Published

on

mississippitoday.org – Emily Wagster Pettus, Associated Press – 2024-09-18 14:17:57

GRENADA (AP) — A Mississippi town has taken down a Confederate monument that stood on the courthouse square since 1910 — a figure that was tightly wrapped in tarps the past four years, symbolizing the community’s enduring division over how to commemorate the past.

Grenada’s first Black in two decades seems determined to follow through on the city’s plans to relocate the monument to other public land. A concrete slab has already been poured behind a fire station about 3.5 miles (5.6 kilometers) from the square.

But a new fight might be developing. A Republican lawmaker from another part of Mississippi wrote to Grenada officials saying she believes the is violating a state that restricts the relocation of war memorials or monuments.

Advertisement

The Grenada City Council voted to move the monument in 2020, weeks after police killed George Floyd in Minneapolis. The vote seemed timely: Mississippi legislators had just retired the last state in the U.S. that prominently the Confederate battle emblem.

The tarps went up soon after the vote, shrouding the Confederate soldier and the pedestal he stood on. But even as people complained about the eyesore, the move was delayed by tight budgets, state bureaucracy or political foot-dragging. Explanations vary, depending on who’s asked.

A new mayor and city council took office in May, prepared to take action. On Sept. 11, with little advance notice, police blocked traffic and a work crew disassembled and the 20-foot (6.1-meter) stone structure.

“I’m glad to see it move to a different location,” said Robin Whitfield, an artist with a studio just off Grenada’s historic square. “This represents that something has changed.”

Advertisement

Still, Whitfield, who is white, said she wishes Grenada leaders had invited the community to engage in dialogue about the symbol, to bridge the gap between those who think moving it is erasing history and those who see it as a daily reminder of white supremacy. She was among the few people watching as a crane lifted parts of the monument onto a flatbed truck.

“No one ever talked about it, other than yelling on Facebook,” Whitfield said.

Mayor Charles Latham said the monument has been “quite a divisive figure” in the town of 12,300, where about 57% of are Black and 40% are white.

“I understand people had family and stuff to fight and die in that war, and they should be proud of their family,” Latham said. “But you’ve got to understand that there were those who were oppressed by this, by the Confederate flag on there. There’s been a lot of hate and violence perpetrated against people of color, under the color of that flag.”

Advertisement

The city received permission from the Mississippi Department of Archives and History to move the Confederate monument, as required. But Rep. Stacey Hobgood-Wilkes of Picayune said the fire station site is inappropriate.

“We are prepared to pursue such avenues that may be necessary to ensure that the statue is relocated to a more suitable and appropriate location,” she wrote, suggesting a Confederate cemetery closer to the courthouse square as an alternative. She said the Ladies Cemetery Association is willing to deed a parcel to the city to make it happen.

The Confederate monument in Grenada is one of hundreds in the South, most of which were dedicated during the early 20th century when groups such as the United Daughters of the Confederacy sought to shape the historical narrative by valorizing the Lost Cause mythology of the Civil War.

The monuments, many of them outside courthouses, came under fresh scrutiny after an avowed white supremacist who had posed with Confederate flags in photos posted online killed nine Black people inside the historic Emanuel African Methodist Episcopal Church in Charleston, South Carolina, in 2015.

Advertisement

Grenada’s monument includes images of Confederate president and a Confederate battle flag. It was engraved with praise for “the noble men who marched neath the flag of the Stars and Bars” and “the noble women of the South,” who “gave their loved ones to our country to conquer or to die for truth and right.”

A half-century after it was dedicated, the monument’s symbolism figured in a voting rights march. When the Rev. Martin Luther King Jr. and other leaders held a mass rally in downtown Grenada in June 1966, Robert Green of the Southern Christian Leadership Conference scrambled up the pedestal and planted a U.S. flag above the image of Davis.

The cemetery is a spot Latham himself had previously advocated as a new site for the monument, but he said it’s too late to change now, after the city already budgeted $60,000 for the move.

“So, who’s going to pay the city back for the $30,000 we’ve already expended to relocate this?” he said. “You should’ve showed up a year and a half ago, two years ago, before the city gets to this point.”

Advertisement

A few other Confederate monuments in Mississippi have been relocated. In July 2020, a Confederate soldier statue was moved from a prominent spot at the of Mississippi to a Civil War cemetery in a secluded part of the Oxford campus. In May 2021, a Confederate monument featuring three soldiers was moved from outside the Lowndes County Courthouse in Columbus to another cemetery with Confederate soldiers.

Lori Chavis, a Grenada City Council member, said that since the monument was covered by tarps, “it’s caused nothing but more divide in our city.”

She said she supports relocating the monument but worries about a lawsuit. She acknowledged that people probably didn’t know until recently exactly where it would reappear.

“It’s tucked back in the woods, and it’s not visible from even pulling behind the fire station,” Chavis said. “And I think that’s what got some of the citizens upset.”

Advertisement

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Continue Reading

Crooked Letter Sports Podcast

Podcast: New Orleans sports columnist and author Jeff Duncan joins the podcast to talk about his new Steve Gleason book and the new-look New Orleans Saints.

Published

on

mississippitoday.org – Rick Cleveland and Tyler Cleveland – 2024-09-18 10:00:00

Jeff Duncan went from the Mississippi Book in on Saturday to Jerry World in Dallas on Sunday where he watched and wrote about the Saints’ total dismantling of the Dallas Cowboys. We about both and also about what happened in high school and college football last and what’s coming up this weekend.

Stream all episodes here.

Advertisement

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Continue Reading

Mississippi Today

On this day in 1899

Published

on

mississippitoday.org – Jerry Mitchell – 2024-09-18 07:00:00

Sept. 18, 1899

Credit: Wikipedia

Scott Joplin, known as “the King of Ragtime,” copyrighted the “Maple Leaf Rag,” which became the first song to sell more than 1 million copies of sheet music. The popularity launched a sensation surrounding ragtime, which has been called America’s “first classical music.” 

Born near Texarkana, , Joplin grew up in a musical . He worked on the railroad with other family members until he was able to earn money as a musician, traveling across the South. He wound up playing at the World’s Fair in Chicago in 1893, where he met fellow musician Otis Saunders, who encouraged him to write down the songs he had been making up to entertain audiences. In all, Joplin wrote dozens of ragtime songs. 

After some , he moved to New York , hoping he could make a living while stretching the boundaries of music. He wrote a ragtime ballet and two operas, but success in these new forms eluded him. He was buried in a pauper’s grave in New York City in 1917. 

Advertisement

More than six decades later, his music was rediscovered, initially by Joshua Rifkin, who recorded Joplin’s songs on a record, and then Gunther Schuller of the New England Conservatory, who performed four of the ragtime songs in concert: “My faculty, many of whom had never even heard of Joplin, were saying things like, ‘My gosh, he writes melodies like Schubert!’” 

Joplin’s music won over even more admirers through the 1973 , “The Sting,” which won an Oscar for the music. His song, “The Entertainer,” reached No. 3 on Billboard and was ranked No. 10 among “Songs of the Century” list by the Recording Industry Association of America. His opera “Treemonisha” was produced to wide acclaim, and he won a Pulitzer Prize in 1976 for his special contribution to American music. 

“The ragtime craze, the faddish thing, will obviously die down, but Joplin will have his position secure in American music history,” Rifkin said. “He is a treasurable composer.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Advertisement
Continue Reading

Trending