Yesterday I mentioned that Florida is seeking to get rid of the bigoted Blaine Amendment, which some opponents of school choice use to take away opportunities from kids in need.

But even in states that don’t have the Blaine Amendment, judges can use parts of the state constitution to strike down school choice programs. Witness yesterday’s decision from a court in another state:

It is unconstitutional for the state to give parents money to help pay private-school tuition for their disabled or foster children, the Arizona Court of Appeals decided Thursday.

Kids with disabilities and foster kids? That’s harsh.

The 2006 law violates the state Constitution’s ban on using public money to aid private schools, the panel said.

“The tuition payments aid parents, not schools,” said attorney Tim Keller, who argued to save the tuition payments, known as vouchers. “The intent of the legislation was to help families get their disadvantaged children the best education available.”

This news is sad to see. But at least the good people at the Institute for Justice are going to challenge this case to the Arizona Supreme Court.