Attorney General Derek Brown defends Utah Legislature’s creation of Utah Fits All scholarship program 

On Monday, the Office of the Utah Attorney General (OAG) filed a brief with the Utah Supreme Court defending the Utah Legislature’s creation of the Utah Fits All Scholarship Program. This scholarship program provides up to $8,000 per year for eligible children to use on educational programs or services outside the public school system.  

“The Utah Legislature has the constitutional authority to both maintain a system of public education and create additional education programs through statutes.  I’m proud of our attorneys for defending the Legislature’s authority to set state policy,” said Attorney General Derek Brown. 

Utah’s brief presents two main points: First, the Utah Constitution does not prohibit the Legislature from establishing educational programs or services that serve the education of our children. Second, the program can be funded by income tax revenues because it “support[s] children,” an authorized use of income taxes under the Utah Constitution.    

The program does not reduce funding for public schools. The brief argues that the Legislature has fulfilled its responsibility to maintain public schools. The Utah Fits All Scholarship Program expands educational opportunities beyond the public school system. 

In April 2025, the Third District Court ruled that the Utah Fits All Scholarship Program was unconstitutional. Utah filed a petition with the Utah Supreme Court requesting permission to file an interlocutory appeal, and the court granted this request. Utah filed its opening brief on Monday.  

A copy of the brief filed by the OAG with the Utah Supreme Court is below.