Written by Don Byrd

An Indiana judge has rejected the argument that the state’s school voucher system improperly violates the separation of church and state by sending taxpayer funds to religious schools.

Marion Superior Court Judge Michael Keele said the School Choice Scholarship program doesn’t violate the state constitution because the state isn’t directly funding parochial schools. Instead, it gives scholarship vouchers to parents, who can choose where to use them. That was essentially the argument made by the program’s supporters.

Indiana State Teachers Association President Nate Schnellenberger said opponents would keep fighting the law. The union had backed the lawsuit brought by teachers and religious leaders.

“The ruling from the judge does not shake our confidence and it will be appealed,” he told The Associated Press.

Indiana’s program sends 4,000 children to private schools, including primarily religious schools, with government funds. You can read Judge Keele’s decision here.