A lawsuit fighting ed choice could unleash tax chaos in Idaho

When the Idaho teachers' union and their allies lost the debate over House Bill 93—the nation’s strongest, most responsible education choice law—they turned to their last refuge: the courts. They couldn’t win in the Legislature. They couldn’t convince the Governor. They couldn’t sway parents. So now, they want judges to do their political work.

But here’s the catch: their lawsuit isn’t just about education choice. If they succeed, they could blow up Idaho’s entire tax system. This is a power grab that threatens every family, every small business, and every community in our state.

House Bill 93 simply allows families to keep more of their own money - via a tax credit - to cover tutoring, curriculum, or other approved educational costs. It doesn’t “take” anything from public schools, and it doesn’t bust the budget.

Those suing claim the tax credit is unconstitutional, simply because of how families may spend the money they get to keep.

If that logic holds, it could be open season on any Idaho tax credit.

For example, Idaho's grocery tax credit allows families to keep their own money, regardless of whether they spend it at Albertson's or Fred Meyer.

Idaho's Launch program could be on the chopping block as well, as it provides tuition credit to institutions of higher education.

Idaho's Youth and Rehabilitation charities could see a funding source disappear.

Think about that. In their obsession to stop parents from having choices, the unions are willing to risk wiping out Idaho’s most basic tax relief measures. The lawsuit is a Trojan horse—not just to shut down education choice, but to handcuff the Legislature and put special interests in charge of Idaho’s tax code.

In addition, the teachers' union claims the parental choice tax credit violates the Constitution's uniformity clause. If justices agree with that, it could call into question the legality of local school district tax levies that provide non-uniform resources across the state.

It's worth noting that Idaho's parental choice tax credit is popular. MSPC's 2024 Idaho Poll showed supermajority support across party lines. While they may not be the loudest voices in the room, the vast majority of Idahoans support the concept.

This isn’t about protecting schools. It’s about protecting union power. They don’t want parents to have options. They don’t want taxpayers to keep more of their own money. And they don’t trust Idahoans to make decisions for themselves.

If the courts adopt the unions’ radical theory, Idaho’s tax code could be turned upside down, creating chaos for families, uncertainty for schools, and higher costs for everyone. That’s not justice—it’s activism at its worst.

Idaho voters elected lawmakers to set tax policy. And the Legislature made the right choice when it passed House Bill 93. Families win, schools remain funded, and taxpayers keep control. That’s how democracy is supposed to work.

The unions lost in the open arena of debate. They should not be allowed to hijack the courts and threaten the legislature's constitutional role in setting tax policy. Idaho families—and Idaho taxpayers—deserve better.