Opponents said the provisions represent a form of aid to private education — through the state tax code — that’s prohibited by Kentucky’s Constitution. Attorneys defending the measure said tax credits don’t amount to government spending. They claimed the provisions are constitutional.
“The General Assembly has a lot of discretion as to how it might want to incentivize charitable behavior and giving using the tax structures,” state Assistant Deputy Attorney General Christopher Thacker said in defending the provisions.
The hearing in Franklin County Circuit Court focused on a key part of a new state law enacted by the Republican-led legislature over Democratic Gov. Andy Beshear’s veto. Judge Phillip Shepherd, who indicated he hopes to rule within weeks, expressed concerns about the provisions.